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(영문) 제주지방법원 2020.11.09 2019가단8909
대여금
Text

1. Defendant D shall be either 100,000,000 won for Plaintiff A, 50,000,000 won for Plaintiff B, and Defendant C shall be jointly and severally with Defendant D.

Reasons

1. Claim against Defendant C

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 written evidence, Defendant C is recognized as having borrowed the total amount of KRW 100 million from Plaintiff A on December 28, 2017, and KRW 15 million from Plaintiff B on April 27, 2018, with no interest, and with 25% per annum on delay delay delay delay delay interest rate.

B. (1) The defendant C alleged that the above claim against the plaintiffs was satisfied when it paid KRW 150 million to the defendant D. Thus, the defendant C alleged that the above claim against the plaintiffs was satisfied. Thus, the defendant C did not have any evidence to support the fact that the defendant C paid the above claim to the plaintiffs through the defendant D. Thus, the above claim by the defendant C is without merit.

(2) Defendant C asserts that, inasmuch as the amount partially repaid through the auction procedure regarding the real estate offered as security by Defendant C, it should be deducted.

In full view of the purport of the argument in Gap evidence No. 3, the plaintiff Eul filed a claim for the principal and interest of 5 million won from the voluntary auction procedure ( Jeju District Court E) to 19.79 million won on the basis of the provisional auction registration for security established in the real estate held in the name of defendant C and received dividends of 65,583,79 million won, and the plaintiffs divided and paid the above dividends in proportion to each claim ratio. The above loans owed to the plaintiffs of defendant C did not have any interest, and the above loans owed to the plaintiffs of defendant C shall pay damages for delay at 25% per annum. The repayment date is identical to the above facts found in the above facts. However, the plaintiffs paid damages for delay at the interest rate of 24% per annum, which is not 25% per annum.

Ultimately, if the payment of the dividend amount of December 13, 2019 KRW 65,583,79 is made in proportion to the above debt of the plaintiffs, the claims of the plaintiff, and the interest of KRW 19,573,770 from April 27, 2018 to December 13, 2019, and the principal amount remaining after being appropriated for KRW 2,287,496, shall be 47,712.

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