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(영문) 서울중앙지방법원 2016.06.16 2015가단18693
대여금반환
Text

1. As to KRW 38,500,000 and KRW 5,000,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 38,50,000,000.

Reasons

1. On February 10, 201, the Plaintiff: (a) determined and lent KRW 5,00,000 to C on February 10, 201 as the rate of KRW 3% per month; and (b) on May 31, 201, the due date for repayment was determined and lent by the Defendant; and (c) the Defendant jointly and severally guaranteed the said obligation

2. 28. 28. C with interest rate of KRW 5,00,000: 3% per month; and on May 31, 201, the due date for repayment, the Defendant jointly and severally guaranteed the above obligation; and ③ on August 21, 2012, the interest rate of KRW 5,00,000 to the Defendant was set at 3% per month; and ④ the same year.

9. 17. The interest rate of KRW 18,50,000 was set and lent to the Defendant on 3% per month, and 5,000,000 to the Defendant on 20 November 20 of the same year was set and lent to the Defendant on 3% per month, and the fact that the interest rate of KRW 5,00,00 was set and lent to the Defendant on 3% per month is not in dispute between the parties, or can be recognized by comprehensively taking into account each entry in evidence A, 3,

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 38,50,000 won in total and 5,000,000 won in joint and several surety loans with five times or more as of February 10, 201, which is the borrowing date, as of February 10, 201, and 28, as of February 28, 2011, 5,000 won in joint and several surety loans as of February 28, 201, as of March 21, 201; and 3,00,00,00 won as of August 21, 20, as of August 21, 201, to the Plaintiff at the rate of 10,000 won from the borrowing date to the 20,000 won per annum 10,50,000 won per annum 16, 200,000 won per annum as of the borrowing Date.

Some of the above loan bonds are not known, but the original copy of the instant payment order requesting the return of the loan was served on the defendant even if there was no agreement for the repayment period.

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