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(영문) 창원지방법원진주지원 2017.12.06 2017가단5866
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the interest rate of 18.8% per annum from January 1, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. On September 6, 2011, the Plaintiff loaned KRW 140,000,00 to Defendant B as of August 30, 2013 due date, and as of August 30, 2013, the interest amount was KRW 2,200,000 per month (on the basis of the conversion of monthly interest, exceeding KRW 18.8% per annum; accordingly, the Plaintiff claimed KRW 18.8% per annum). Defendant C and Defendant D jointly and severally guaranteed Defendant B’s obligation to the Plaintiff.

C. Defendant B paid KRW 90,000,000 to around 2015 and filed a claim for the remainder of KRW 50,000 with no further repayment.

2. Applicable legal provisions: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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