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(영문) 광주지방법원 2017.11.08 2017가단4770
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from August 20, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 18, 2010, the Plaintiff: (a) lent KRW 4% of the interest rate per month; and (b) on May 18, 2010, the repayment period was determined as KRW 10,000 on August 20, 2010 to the co-defendant C (to be declared bankrupt by the Mine District Court 2017Hadan554; and (c) determined and lent KRW 10,000 on October 20, 2010 to Defendant B.

B. The defendant jointly and severally guaranteed the above debt C.

C. C failed to pay the above loan upon the maturity date, and the interest was overdue from August 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant, as a joint and several surety of C, is obligated to pay 20,000 won of the above loan and 15% interest per annum as requested by the Plaintiff within the scope of the agreement from August 20, 2015 to the date of full payment.

B. The defendant alleged that C performed all of the above loans, but there is no evidence to acknowledge this.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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