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(영문) 수원지방법원 2016.03.31 2014가합12389
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 160,000,000 as well as 5% per annum from March 1, 2012 to September 5, 2014.

Reasons

1. As to the claim against Defendant B, the Plaintiff deemed Defendant B and his children jointly and severally liable, and the Plaintiff loaned KRW 10 million on Mar. 30, 2007, KRW 100 million on Jul. 28, 2010, KRW 10 million on Nov. 16, 2010, to receive interest calculated at the rate of 1.5% (18%) per annum on the said money, and the Plaintiff was paid KRW 50 million on Feb. 18, 201. There is no clear dispute between the parties.

According to this, Defendant B is obligated to pay interest or delay damages from March 1, 2012, as sought by the Plaintiff, to the loan amounting to KRW 160 million (i.e., KRW 210 million - KRW 50 million) remaining to the Plaintiff (i.e., KRW 20 million) and as sought by the Plaintiff.

2. Determination as to the claim against Defendant C

A. Facts of recognition 1) The Plaintiff and Defendant B came to know while attending a fraternity group. Defendant B and Defendant C are married couple, and Defendant C’s children are the Defendants’ children. 2) The Plaintiff loaned Defendant B and D KRW 100 million on March 30, 2007, KRW 100 million on July 28, 2010, and KRW 10 million on November 16, 2010, and received interest calculated at the rate of 1.5% (18% per annum) per month on the said money.

All of the above loans have come due, and on February 18, 201, the Plaintiff received reimbursement of KRW 50 million out of the principal from Defendant B and D.

3) On June 29, 2012, the Plaintiff lent KRW 90 million to Defendant B and D, and deposited the said money into the Defendant C’s deposit account. 4) Defendant B borrowed KRW 160 million from the Plaintiff, and Defendant C borrowed KRW 100 million from the Plaintiff, Defendant C borrowed KRW 31, 200,000 from the Plaintiff as the guarantor of the obligation, and Defendant C borrowed KRW 90 million from the Plaintiff on October 31, 2012 to the effect that Defendant C is the guarantor of the obligation.

Defendant C’s seal is affixed to each of the instant loan certificates.

[Based on recognition] There is no dispute, Gap 1-6, 16 evidence number.

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