logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2020.02.11 2019가단2557
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 272,065,753 and KRW 200,000,000 among them, from March 30, 2019.

Reasons

1. The Plaintiff’s cause of the Plaintiff’s claim is that the Plaintiff paid KRW 200 million to Defendant B on November 28, 2017, and the interest rate is set at 24% per annum, and Defendant C is jointly and severally liable to pay the Plaintiff KRW 200,000,00, interest rate, and delay damages.

2. Determination

A. Judgment by confession during trial against Defendant C (Article 288 of the Civil Procedure Act)

B. The following circumstances, which are acknowledged as comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, namely, defendant C intended to borrow construction expenses for officetels located in Seocheon-si from the plaintiff around 2017. The plaintiff demanded the owner of the building to prepare a loan certificate in the name of the defendant B with sufficient financial resources. The defendant B prepared a loan certificate of KRW 20 million per annum on September 28, 2017, KRW 24% of the loan interest rate of KRW 20 million and KRW 205 billion on November 28, 2017, KRW 10 million as joint and several surety, and the plaintiff paid KRW 10 million to the defendants. Since the agreement was reached, the plaintiff paid KRW 30 billion each, KRW 205 billion to the defendants, KRW 205 billion x KRW 2065 billion on the basis of the circumstance that the plaintiff lent money to the defendants and the contents of the loan certificate prepared by the plaintiff, KRW 20.75 billion on the basis of the agreement and KRW 29.29 billion.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

arrow