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(영문) 의정부지방법원 2018.01.16 2017가단9336
대여금
Text

1. Defendant B’s KRW 75 million and the Plaintiff’s 18% per annum from June 14, 2013 to June 17, 2017.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 2 (including the serial number; hereinafter the same shall apply) as to the claim against defendant B, Defendant B borrowed money several times from the plaintiff, including borrowing KRW 10 million from the plaintiff, and January 29, 201, until October 5, 201 of the same year, and repaid the above borrowed money from the plaintiff at any time on February 13, 2012, Defendant B borrowed KRW 40 million from the plaintiff on February 13, 2012; the plaintiff and the defendant agreed to adjust the loans and repaid money between the plaintiff and the defendant B around February 13, 2012, with the interest rate of KRW 35 million, KRW 100,000, KRW 200, KRW 130,000, KRW 29, KRW 201, KRW 201, KRW 201, KRW 2005, May 1, 2012.

Therefore, according to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the interest rate of KRW 75 million (=35 million as of January 29, 201) and the interest rate of KRW 40 million as of February 13, 2012 as of February 14, 2012, which the Plaintiff seeks from June 14, 2013 to June 17, 2017, the delivery date of a copy of the complaint, 18% per annum as of June 17, 2017, and the interest rate of KRW 15% per annum as claimed by the Plaintiff from the next day to the day of complete payment.

2. Determination as to the claim against Defendant C

A. The summary of the Plaintiff’s assertion is based on the Plaintiff’s loan certificate as of January 29, 201 and the loan certificate as of February 13, 2012, which was delegated by Defendant B with the authority to affix his/her name and seal from Defendant C, with the name and the name of Defendant C’s joint and several surety column as of the evidence Nos. 1-1, 1-2, 2-1, 2-2, and 2-2 (Delegation).

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