logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2019.11.12 2019가단3676
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from July 24, 2019 to the date of full payment.

Reasons

1. The Plaintiff’s determination as to the cause of the claim extended KRW 90 million to Defendant B from June 25, 2018 to August 3, 2018; Defendant B agreed on October 4, 2018 to pay KRW 100 million to the Plaintiff by June 30, 2019; and Defendant C again agreed on the above agreement that Defendant C guaranteed the Defendant B’s obligation to pay the above loan to the Plaintiff by means of a dispute between the parties or the entire purport of the pleading and the statement as set forth in subparagraph 1 (hereinafter “the loan certificate of this case”).

The Defendants asserted that Defendant B borrowed KRW 20 million, and Defendant C borrowed KRW 70 million. However, the instant loan certificate is stated as the principal debtor and Defendant C borrowed as joint and several sureties, and there is no difference in that the Defendants are jointly and severally liable.

According to the above facts of recognition, the defendants are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum from July 24, 2019 to the day of full payment, as requested by the plaintiff, from July 24, 2019 to the day following the delivery of the original copy of the instant payment order, as requested by the plaintiff.

2. On the determination of the Defendants’ assertion, the Defendants asserted that the Plaintiff’s claim on the portion exceeding KRW 90 million is unjustifiable, since the Defendants, even though the amount borrowed from the Plaintiff was a total of KRW 90,000,000,000, by erroneously making the loan amount as KRW 100,000,000.

The loan certificate of this case states that the sum of the amounts actually lent by the Plaintiff to Defendant B is KRW 90 million. However, the repayment date stated in the above loan certificate seems to be about 11 months and 1 years after the Plaintiff lent to Defendant B the sum of KRW 90 million, and there seems to be no circumstance to mislead the amount stated in the above loan certificate and the actual amount of the loan.

arrow