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(영문) 청주지방법원충주지원 2016.06.09 2015가단1478
대여금
Text

1. Defendant B’s 30,000,000 won and the interest rate of 15% per annum from April 8, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff leased KRW 30,000,00 to Defendant B at the maturity of January 20, 2015 and at the rate of 3% per annum. The loan certificate prepared by Defendant B and issued to the Plaintiff (hereinafter “the loan certificate of this case”) was indicated by Defendant C as a joint guarantor for the above loan (hereinafter “the loan certificate of this case”).

B. From February 26, 2014 to July 23, 2014, Defendant B paid totaling KRW 22,186,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts acknowledged prior to the determination on the cause of the claim, Defendant B is obligated to pay to the Plaintiff the amount of KRW 30,000,000 of the instant loan and damages for delay at the rate of 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from April 8, 2015 to the date of full payment, as the Plaintiff seeks.

On the other hand, the plaintiff also claims joint and several liability against the defendant C, but the defendant C's name, resident registration number, address, and signature stated in the loan certificate (Evidence A 1) of this case are not made by the defendant C, and there is no evidence to prove that the above part was made by the defendant C. Thus, the plaintiff's claim against the defendant C is without merit.

B. Defendant B asserted that Defendant B paid KRW 11,588,00 to the Plaintiff with the repayment of the instant loan, and that the said amount was appropriated in sequence in KRW 335,376, the principal and KRW 11,252,624, and that the instant loan still remains KRW 18,747,376.

Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence 5, Eul evidence 2-1, Eul evidence 2-2, and the whole purport of the arguments, the plaintiff filed against the defendant Eul on December 5, 2013, and KRW 3,000,000, and KRW 2,400,000 on December 8, 2013, and KRW 2,40,000 on December 2, 2013.

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