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(영문) 서울동부지방법원 2016.12.15 2016가단27192
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest rate thereon from December 26, 201 to the date of full payment.

Reasons

1. In addition to the purport of the entire pleadings in the statement in Gap evidence Nos. 1-5, the plaintiff is jointly and severally liable to pay to the plaintiff 30 million won with the interest rate of 20% per annum on August 25, 2011, which was at the time when he/she engages in credit business with the trade name "D", and to lend 60 million won per annum on August 25, 201, which was at the time when he/she engages in credit business, and four months after the due date, and the defendant C can recognize the fact that he/she jointly and severally guaranteed the above loan obligations of the defendant Eul. The plaintiff is jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum, which is the agreement on December 26, 2011, and the following day after the due date for repayment.

2. As to this, the Defendants asserted to the effect that E took over the Defendants’ obligations owed by the Defendants against the Plaintiff, and that the Plaintiff consented thereto. However, the entries in the evidence Nos. 1 and 2 alone are insufficient to recognize the Plaintiff’s consent or consent to assume the Defendant’s obligation with the discharge, and there is no other evidence to support this. Therefore, the Defendants’ assertion is without merit.

3. If so, the plaintiff's claim against the defendants is justified and acceptable.

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