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(영문) 수원지방법원여주지원 2017.06.14 2016가단7854
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 110,000,000 and the interest rate thereon from August 17, 2016 to the date of full payment.

Reasons

1. There is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the statement in Gap evidence No. 1 and the argument, the plaintiff loaned KRW 110 million to the defendant B on January 23, 2013 with the payment period of KRW 10 million on March 30, 2013 and the payment of interest on March 25, 2013, and the defendant C may recognize the fact that he/she guaranteed the above loan obligations to the plaintiff in the defendant B on the same day. Thus, the defendants are jointly and severally liable to pay to the plaintiff 110 million won and damages for delay calculated at the rate of 15% per annum as requested by the plaintiff as of August 17, 2016 from the day following the delivery date of the original original payment order of this case to the day of full payment.

2. Judgment on the defendants' assertion

A. The Defendants asserted that they agreed on July 2015 by the Plaintiff, Defendant B, and D agreed to accept the Defendant’s obligation of the instant loan, but it is not sufficient to acknowledge the fact that the Plaintiff consented or consented to the assumption of obligation only with the descriptions of the evidence Nos. 1 and 2 (including each number), and there is no other evidence to acknowledge it. Thus, the Defendants’ assertion is without merit.

B. The Defendants asserted that Defendant B repaid to the Plaintiff KRW 10 million on June 1, 2012, and KRW 12.5 million from May 2013 to November 201 of the same year with interest and principal. Thus, according to the evidence Nos. 3, Defendant B’s entry in the evidence No. 3, the same year, following the Plaintiff’s 30 million won on May 31, 2013.

7.1. 2 million won, and the same year;

7.8.1 million won, and the same year;

8.5. 1.5.1.5. Each payment of KRW 1.5 million is deemed to have been made, but without dispute, the following circumstances, namely, the Plaintiff and the Defendants agreed to pay interest at the time of the instant loan agreement on the 25th day of each month, that Defendant B paid interest on the instant loan to the Plaintiff, and D’s statement that “The Plaintiff paid interest on July 2015”.

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