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(영문) 부산지방법원 2017.09.08 2016가단357805
대여금
Text

1. The defendant shall pay 50,000,000 won to the plaintiff and 12% per annum from November 1, 2009 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. According to the purport of Gap evidence No. 1 and the whole pleadings, Eul acknowledges that the plaintiff was liable for loans of KRW 50,000,000 on November 3, 2004, and Eul decided to pay the above debt in installments, and the defendant agreed to pay the debt of KRW 10,000 on October 30, 2005, KRW 10,000,000 on October 30, 2006, KRW 10,000 on October 30, 2007, KRW 10,000,000 on October 30, 2008, and KRW 10,000,000 on October 30, 200, and KRW 10,000 on October 30, 200 on October 30, 200, and the defendant agreed to pay the debt of the plaintiff as joint and several surety at the end of each month.

B. Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 12% per annum, which is the agreement rate from November 1, 2009 to the date of full payment, as requested by the plaintiff, as the repayment of the above loan principal to KRW 50,000,00,00, and as requested by the plaintiff.

2. The defendant's defense, although the plaintiff did not lend money to C, filed a criminal complaint against C as a crime of fraud, while having C, the external third village of C, demanded the above guarantee, and the defendant did not properly confirm the existence and amount of the debt to C, and provided the guarantee as above. Thus, the defendant's above guarantee act is a juristic act which has considerably lost fairness due to humbling and rash, and thus is invalid. However, there is no evidence to acknowledge the defendant's allegation, and there is no ground for the defendant's defense.

3. Therefore, the plaintiff's claim is reasonable and it is so decided as per Disposition.

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