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(영문) 서울중앙지방법원 2016.06.10 2015가단183214
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20 million and the interest rate therefrom from June 2, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 1, 2013, the Plaintiff loaned KRW 10 million to Defendant B, KRW 10 million on February 2, 2014, KRW 20 million on a yearly interest rate of KRW 24%, maturity of payment, and KRW 30 million on December 31, 2014 (hereinafter “instant loan”), and Defendant C guaranteed Defendant B’s debt of this case.

B. Defendant B paid interest on the instant loan to the Plaintiff by June 1, 2015, and did not repay the principal and interest of the loan to the Plaintiff.

[Grounds for Recognition: Facts without dispute, entry of Gap 1-6 evidence, purport of the whole pleadings]

2. Determination:

A. According to the above facts of determination as to the cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed interest calculated at the rate of 24% per annum from June 2, 2015 to the date of full payment.

B. On January 28, 2015, Defendant B asserted that Defendant B paid KRW 2 million out of the principal of the instant loan to the Plaintiff on January 28, 2015, and thus, the Plaintiff was a person who received KRW 2.8 million from Defendant B around January 2015.

However, there is no evidence to acknowledge that KRW 2 million was appropriated for the principal of the instant loan, and instead, in full view of the entries in Gap evidence No. 6 and the purport of the entire pleadings, the above money can be recognized as being appropriated for the interest of the instant loan, and there is no evidence to acknowledge that the Defendants repaid the instant loan to the Plaintiff.

Therefore, Defendant B’s assertion is without merit.

3. If so, the plaintiff's claim of this case against the defendants is justified.

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