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(영문) 전주지방법원 2018.05.11 2017나2741
대여금등
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Facts of recognition;

A. A. Around July 1997, the Plaintiff lent to Defendant B 40 million won (hereinafter “instant loan”) 2% of interest per month and without setting the due date, and Defendant B repaid KRW 27 million by July 2006.

B. Defendant B agreed with the Plaintiff on July 23, 2006 to recognize only KRW 13 million as the remaining debt of the instant loan, and thereafter, Defendant B agreed to the effect that “the Plaintiff shall pay KRW 13 million in the amount of KRW 1 million on August 10, 2006 to the Plaintiff on the 10th day of each month from August 10, 2006 to 13 months,” and “the instant agreement” or “the instant agreement,” as the context requires.

(C) At this time, Defendant C signed and affixed to the instant agreement as joint and several sureties. The Defendant B paid KRW 3,00,000 to the Plaintiff KRW 1,00,000 each over three times from August 10, 206 to October 10, 206, in accordance with the instant agreement concluded with the Plaintiff, respectively, in total, from August 10, 2006 to October 10, 206.

2. Determination as to the cause of action

A. According to the above facts, as a joint and several surety under the agreement of this case, the defendants shall pay to the plaintiff 10 million won remaining after deducting three million won from the above agreed amount (hereinafter "the unpaid amount") and to pay one million won from November 11, 2006 to December 10, 2006, and to pay one million won from December 10, 2006 to the payment until December 10, 2006; and to pay one million won from December 11, 2006 to the payment from January 11, 2007 to the 1 million won; and from January 10, 2007 to the 1 million won from January 107, 2007 to the 1 million won; and from January 10, 2007 to the 1 million won from January 27, 2007 to the 1 million won until December 10, 2007 to the 1 million won.

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