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(영문) 수원지방법원안양지원 2017.10.26 2017가단106655
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 50,000,000 won and the Defendants’ amount from July 15, 2006 to July 14, 2014.

Reasons

1. Defendant B, on June 15, 2006, borrowed 50,000,000 won from the Plaintiff as of June 15, 2007, and the interest as of June 15, 2007 (2.4% per annum, 28.8% per annum). The Defendants asserted that Defendant B did not borrow 50,00,000 won from the Plaintiff. However, according to Party B’s statement, the above fact of borrowing can be acknowledged.

(The defendant also submitted a written reply recognizing the above loan to this court after the filing of the suit in this case). The defendant C has jointly and severally guaranteed the above loan obligation of the defendant C, while the defendant C borrowed KRW 10,000,000 from the plaintiff on August 14, 2007 with the due date set on September 10, 2007 may be recognized in accordance with the statements in the evidence No. 1 and No. 2.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 50,000,000 won with 28.8% per annum from July 15, 2006 to July 14, 2014; and 25% per annum from the following day to the date of full payment; and Defendant C is jointly and severally liable to pay to the above defendant 10,000,000 won with 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 27, 2017 to the date of full payment.

2. The Defendants asserted as to the Defendants’ assertion, as requested by the Plaintiff, kept the clothing equivalent to KRW 115,710,000 at the market price of the Defendants manufactured by the Defendants in the Plaintiff’s warehouse as security. The Defendants asserted that they offset the above borrowed money against the Defendants’ obligations with the above clothing as they failed to repay the borrowed money. However, there is no evidence to acknowledge this.

3. Conclusion, the Plaintiff’s claim of this case against the Defendants is accepted on the grounds of the reasoning.

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