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(영문) 서울중앙지방법원 2016.09.29 2016가단62376
대여금
Text

1. Defendant B’s KRW 35,00,000 as well as 30% per annum from November 12, 2005 to July 14, 2014 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 to 5 (including paper numbers) and all the arguments.

around 2005, Defendant B received a discount from the Plaintiff on a promissory note in the amount of KRW 20,000,000 and a promissory note in the amount of KRW 15,000,000 from the Plaintiff, which is an endorsement by the Defendants.

B. However, when it was impossible to pay the bill money under the preceding paragraph, the Plaintiff was authenticated by the monetary loan agreement with the content of joint and several notarial deeds signed by the Plaintiff on August 11, 2006 by means of a power of attorney prepared in the name of the Defendants, and Defendant B paid the Plaintiff the interest calculated at the rate of 66% per annum from November 12, 2005 to August 18, 2006, and the interest rate of 35,000,000,000 won per annum from November 12, 2005 to the Plaintiff. Defendant C was authenticated by the monetary loan agreement with the content of joint and several notarial deeds.

C. The Defendants are married couple.

2. The assertion and judgment

A. According to the above facts of claim as to Defendant B, Defendant B appears to have agreed on the contents of the notarial deed with the delegation of the preparation of the notarial deed to the Plaintiff. As such, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 25% per annum from November 12, 2005 to July 14, 2014, as requested by the Plaintiff, within the scope of the agreed interest rate of 35,000,000 won according to the contents of the notarial deed.

B. The Plaintiff asserted that Defendant C had jointly and severally guaranteed the Defendant B’s debt at the time of the preparation of the No. 1251 of the No. 1206’s notarial deed of the General Law Office of Taehwa Law Firm, and Defendant C did not have jointly and severally guaranteed as alleged by the Plaintiff.

The plaintiff was discounted by the plaintiff. (1) The defendant is the married couple, and (2) The defendant B is discounted by the plaintiff.

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