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(영문) 인천지방법원부천지원 2016.10.26 2015가단22702
대여금
Text

1. As to KRW 32,186,299 and KRW 30,000 among them, the Defendant shall annually pay to the Plaintiff KRW 32,186,29 from January 29, 2014 to October 6, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a credit service provider registered (C) in the secondary market under the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. On August 27, 2013, the Plaintiff lent KRW 30,000,000 to D, and entered into a loan agreement with D at an annual interest rate of 36% and due date of repayment on February 14, 2014 (hereinafter “the Plaintiff’s claim against D”) (hereinafter “instant loan claim”), and the Defendant guaranteed the Plaintiff’s obligation to lend to D on the same day.

(A) The Defendant asserted that D’s loan or deposit obligation to the Plaintiff was KRW 20,000,000 as the Defendant divided the instant loan into KRW 10,000,000 and KRW 20,000. However, the Defendant’s loan or deposit obligation to the Plaintiff is merely a distribution rate between the Defendant and D, and it is difficult to recognize the facts as alleged by the Defendant by either the written evidence Nos. 1 and 2.

D paid to the Plaintiff KRW 600,000, KRW 600,000 on October 11, 2013, KRW 600,000 on November 7, 2013, KRW 600,000 on November 27, 2013, and KRW 600,000 on January 28, 2014, respectively.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1, 3, and 10, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant is obligated to pay as the guarantor the unpaid portion of the loan of this case to the plaintiff as the guarantor.

B. If the principal obligation is partially extinguished, the guaranteed obligation shall be naturally extinguished according to the subsidiary nature of the guaranteed obligation, and D shall discharge a total of KRW 3,00,000, as the Plaintiff is.

If this is appropriated according to the order of statutory appropriation for performance, the following results are derived:

The calculated amount of appropriation shall be 600,000,000 1,361,095 1,361,095 60,000,000 30,000,000,000 761,000,095 60,000 798,904 1,59,59,999 60,000,000 30,000,000,009, 959, 6060,000,000,000,000 on November 27, 1999, 60,000,599,591,780,51,579,000,000,000,000,000,000,000,000,00

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