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(영문) 대구지방법원김천지원 2015.01.29 2014가단10003
대여금 반환
Text

1. Defendant C shall pay to the Plaintiff KRW 41,034,915 as well as 20% per annum from September 5, 2014 to the date of full payment.

Reasons

1. From February 26, 2012 to October 22, 2012, the Plaintiff loaned to Defendant C a sum of KRW 120 million on four occasions from February 26, 2012 to October 22, 201 of the same year; the Plaintiff acquired the above money from Defendant C; and Defendant C agreed to pay the Plaintiff the principal and interest of KRW 150 million on July 25, 2012 (Article 150(1) of the Civil Procedure Act), and Defendant B did not clearly dispute the loan obligation to the Plaintiff on July 31, 2012, the Plaintiff established a collateral security right on the above loan and the above loan obligation to the Plaintiff on the land and the ground building in Busan City as a collateral; the Plaintiff received dividends of KRW 104,9650,085 from Defendant C on each of the above real estate and received reimbursement from each of the said parties around 201 and around 200,298.

Therefore, Defendant C shall pay as requested by the Plaintiff KRW 41,034,915 (i.e., KRW 150,000,000 - KRW 104,965,085 - KRW 4 million) as well as damages for delay calculated at the rate of 20% per annum from September 5, 2014, which is the day following the day when a duplicate of the complaint in this case was served to Defendant C, as agreed by the Plaintiff.

2. The Plaintiff asserted that Defendant B is jointly and severally liable for the above loan debt of Defendant C, the same student, and that Defendant B is also jointly and severally liable with Defendant C to pay the money under the preceding paragraph. Accordingly, Defendant B is merely a person who has pledged his/her property to secure another’s obligation, and the Plaintiff’s assertion is disputing the Plaintiff’s position as a joint and several surety.

The evidence No. 5 and the evidence No. 1 (including the paper numbers; hereinafter the same shall apply) were written in the evidence No. 1, and the purport of the whole pleadings was shown, the Plaintiff conspired to acquire the borrowed money and filed a complaint with the Daegu District Prosecutors' Office (Type 26121). The Defendants filed a complaint with the Criminal Conciliation Committee of the Daegu District Prosecutors' Office (Type 26121) on July 25, 2012.

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