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제주지방법원 2015.01.23 2014가단9259
대여금
Text

1. Defendant B shall be calculated by the rate of 30,000,000 won per annum from January 24, 2015 to the date of full payment.

Reasons

1. Determination as to the assertion on the cause of claim

A. The plaintiff's assertion 1) on February 17, 2004, the plaintiff lent 30,000,000 won to D on December 31, 2004 and 5% of the interest month. However, the defendant C signed and sealed the above loan debt against the plaintiff as a joint guarantor. 2) There is a loan certificate (No. 1-1-1-1-), and there is no evidence that corresponds to the plaintiff's argument, the defendant denies denies the authenticity of the above loan certificate and there is no evidence to prove the authenticity of the above loan certificate and there is no other evidence to prove that the defendant C guaranteed the above loan debt against the plaintiff. Thus, the plaintiff's claim against the defendant C is without merit.

B. Part 1 of the claim against the Defendants 30,000,000 won (hereinafter “instant loan”) on April 19, 2004, as to the Plaintiff’s assertion on the grounds of claim

(3) In the event that there is no evidence to prove that the repayment period of the loan of this case was set on December 31, 2014, the lender has not set the due date for the loan of this case. However, in the event that there is no agreement on the repayment period for the loan of this case, the lender shall notify the Defendants of the return of the loan of this case within a reasonable period of time (Article 603(2) of the Civil Act, and the Plaintiff notified the Defendants of the return of the loan of this case before filing the lawsuit of this case). Thus, it is reasonable to view that the Plaintiff notified the Defendants of the return of the loan of this case by delivery of the copy of the complaint of this case, and the Defendants notified the return of the loan of this case by delivery of the copy of the complaint of this case.