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(영문) 부산지방법원 서부지원 2018.12.11 2018가단100029
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 162,062,154 as well as as the period from April 14, 201 to July 27, 2012.

Reasons

In full view of the purport of the arguments in Gap evidence 1, Gap evidence 2 (the document shall be presumed to have been authentic, since there is no dispute that the stamp image after the defendant Eul's name is based on the above defendant's seal), and Gap evidence 3, the plaintiff may recognize the fact that on July 28, 2009, the plaintiff agreed to lend 240 million won, including the amount of 40 million won already remitted to the defendant Eul on July 28, 2009, with interest rate of 8% (payment on July 7, 2012), July 27, 2012; interest rate of arrears rate of 12% per annum to allow the defendant to repay in installments according to the above circumstances; and on August 4, 2009, the defendant C transferred 20 million won to the bank account of the above defendant's company bank; and on August 3, 2009, the defendant C guaranteed the above debt borrowed by the defendant Eul on July 3, 2009.

Meanwhile, on January 17, 201, the Plaintiff received USD 19,400 from the Defendants (originalized KRW 21,611,600), USD 19,660 (originalized KRW 21,979,880) on January 21, 2011, USD 19,680 (originalized KRW 21,923,520) on January 31, 201, and USD 40,620 (originalized KRW 44,316,420) on April 13, 2011, each of the said amounts should be appropriated in the order of Article 479(1) of the Civil Act. Thus, each of the said amounts should have been appropriated as stated in the attached Table.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 162,062,154 won of the above loan principal and 8% interest rate per annum from April 14, 2011 to July 27, 2012, which is the day following the date of the final repayment of part of the loan principal, to the Plaintiff, and 12% interest rate per annum, which is the overdue interest rate to be agreed upon by the Plaintiff from the next day to the day of full payment. Accordingly, the Defendants are jointly and severally liable to pay to the Plaintiff 162,062,154 won of the above loan principal, and the Plaintiff

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