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(영문) 서울중앙지방법원 2020.08.19 2019가합587736
대여금
Text

1. The Plaintiff:

A. Defendant B is 206,880,000 won and 24% per annum from January 16, 2019 to the date of full payment.

Reasons

1. Claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(However, the “creditor” is the “Plaintiff”, and the “debtor” is the “Defendant”, respectively). (B)

Confessions based on recognition (Article 208 (3) 2 of the Civil Procedure Act)

2. Claim against Defendant C

A. Fact of recognition: (a) Defendant B decided to KRW 8,00,000, KRW 8,000 on December 5, 2018; (b) KRW 8,000,00 on December 17, 2018; (c) KRW 8,00,000 on December 27, 2018; (d) KRW 30,000,00 on January 3, 3019; and (e) KRW 10,00,000 on January 6, 2019; and (e) KRW 30,00,000 on January 7, 200; and (e) KRW 40,00 on January 8, 2019; and (e) KRW 30,000 on January 8, 200, KRW 100 on loan basis; and (e) KRW 30,000 on January 30, 200 on loan basis.

Defendant C borrowed on January 6, 2019, KRW 100,000,00, among the details of Defendant C borrowed money from the Plaintiff as above, jointly with Defendant B.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 11 and the purport of the whole pleadings

B. According to the facts of recognition as above, Defendant C is jointly with Defendant B and is obligated to pay interest or delay damages at the rate of 24% per annum within the maximum interest rate prescribed by the Interest Limitation Act from January 16, 2019 to the date of full payment as the joint loan amount of KRW 100,000,000 as of January 6, 2019 and the record of telephone conversations between the Plaintiff and the Defendant C, which was submitted by the Plaintiff as of January 6, 2019. (2) The dismissed portion of the Plaintiff’s loan details as well as the remainder of the loan amounts of KRW 100,00,000,00 as of January 6, 2019, which was jointly borrowed by Defendant C with the Defendant B. However, if each of the record of telephone conversations between the Plaintiff and the Plaintiff submitted as the certificate of KRW 12,13, the evidence alone is insufficient to acknowledge it, and if Defendant C’s business is successful in the process of borrowing the amount of the Plaintiff.

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