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(영문) 대구지방법원서부지원 2019.07.02 2018가단63768
대여금
Text

1. The defendant shall pay 37,00,000 won to the plaintiff and 12% per annum from January 20, 2019 to the day of complete payment.

Reasons

The Plaintiff loaned KRW 67,00,000 to C on August 30, 2012 as interest rate of KRW 700,000 per month and due date of payment on June 30, 2016; the Defendant jointly guaranteed the above loan obligations; C and the Defendant repaid the Plaintiff the interest amount of KRW 30,00,000 out of the principal of the above loan and until February 19, 2018; and C and the interest amount of KRW 37,00,000 from February 20, 2018 to the interest amount of KRW 37,00,000,000, KRW 1,000,000, KRW 31,000,000, KRW 1,000, KRW 40,000, KRW 10,000, KRW 10,010,000, KRW 40,010,00 each of the parties’ respective arguments.

According to the above facts of recognition, the defendant, as a joint and several surety of C, is obligated to pay the plaintiff the remaining money after appropriating the sum of KRW 4,00,000,000 paid by C from the above remaining principal and interest to the plaintiff. Since it is obvious that the remaining principal amount as of April 25, 2019 shall be KRW 37,00,000, and interest for delay shall be KRW 1,464,87, in the order of satisfaction of performance as stipulated by Article 479 of the Civil Act, if such repayment is appropriated in accordance with the order of satisfaction of performance as stipulated by Article 479 of the Civil Act, the defendant is obligated to pay to the plaintiff the principal amount of KRW 37,00,000 and damages for delay calculated at the rate of 12% per annum from January 20, 2019 to the date of full payment (see attached Form

As to this, the defendant alleged that the plaintiff exempted C from the interest on the loan of this case from January 2018, but since there is no evidence to acknowledge this, the defendant's above assertion is without merit.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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