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(영문) 제주지방법원 2020.06.09 2019가단62088
대여금
Text

1. The Defendants jointly and severally with D to the Plaintiff KRW 300,000,000 and the Defendants C from June 16, 2008 to May 8, 2019.

Reasons

On June 16, 2008, the Plaintiff lent interest of KRW 300,000,00 to Defendant B for the purpose of 3.3% per month and June 16, 2009. The fact that Defendant B and D guaranteed the above loans by Defendant B is not disputed between the parties, or that they guaranteed the above loans by Defendant B pursuant to the purport of each of the evidence Nos. 1 and 2 (including the number of pages) and all of the pleadings.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 300,000,00 and damages for delay calculated at the rate of 25% per annum from June 16, 2008 to the day of complete payment under the former Interest Limitation Act (amended by Act No. 9344, Jan. 21, 2009) as they seek by the Plaintiff within the scope of the maximum interest rate under the former Interest Limitation Act (amended by Act No. 9344, Nov. 21, 2009). Defendant C is liable to pay to the Plaintiff 25% per annum from May 8, 2019, the day of delivery of a copy of the complaint of this case by November 20, 2019, and damages for delay from the following day to the day of full payment.

Although Defendant C asserted that he performed a considerable portion of the guaranteed obligation against the Plaintiff, there is no evidence to acknowledge it.

Therefore, the plaintiff's claim against the defendants is justified and all of them are accepted, and it is so decided as per Disposition.

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