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(영문) 부산지방법원 2017.05.12 2016나41200
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. Under Defendant D’s joint and several sureties, the Plaintiff: (a) determined the due date for payment of KRW 10 million (hereinafter “loan 1”) on May 26, 201 as 1.5% from the interest on April 1, 2013; (b) determined the due date for payment of KRW 20 million (hereinafter “loan 2”) on May 30, 201 as 2% from the interest on April 1, 2013; (c) determined the due date for payment of KRW 20 million on June 10, 201 as 2% from the interest on April 1, 2013; and (d) lent each of the above loans as “loan 3”; and (e) determined the due date for payment of each of the loans as 1.5% from the interest on April 15, 2013.

B. Until September 201, Defendant C paid interest on each of the instant loans to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 4, 5, 7, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendants jointly and severally liable to the plaintiff for each of the loans of this case 50 million won and (1) with respect to the second loan 20 million won from October 11, 201 to April 1, 2013, the due date after the payment date of the last interest was made by the defendant C, with the agreed interest rate of 24% per annum from the agreed interest rate of 10% per annum from the next day to the due date of the full payment.

B. The Defendants’ assertion and determination 1 of the Defendants asserted are different from each other’s respective loan certificates. <1> The interest rate, maturity, etc. on each of the instant loans are different from that on each of the loan certificates, and 2) the Plaintiff.

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