logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2016.08.10 2015가단9044
대여금 청구의 소
Text

1. The Defendants jointly pay to the Plaintiff KRW 28,00,000 as well as KRW 20,000,000 among them, from May 15, 2016.

Reasons

1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the purport of the entire argument in Gap evidence No. 1, the plaintiff loaned KRW 20 million to the defendant B on February 12, 2007 (hereinafter "the loan of this case"), and the defendant C guaranteed the debt of the above loan of the defendant B on the same day, and the unpaid balance among the interest accrued from the loan of this case until May 14, 2016 until May 14, 2016 can be acknowledged as the facts constituting 13 million won. Thus, the defendants jointly pay the plaintiff 33 million won (i.e., the principal of the loan of KRW 20 million from February 12, 2007 to May 14, 2016). Thus, the defendants are jointly obligated to pay the unpaid principal of KRW 165 million from the interest accrued from February 14, 2007 to the interest accrued from May 14, 2016 to the date of the loan of this case.

The plaintiff asserted that the defendant C guaranteed the debt of this case, but it is not sufficient to recognize that the defendant C guaranteed the debt of this case only with the statement of the evidence No. 1, and there is no other evidence to recognize it. Thus, the plaintiff's assertion of this part is without merit.

2. Determination as to Defendant C’s assertion

A. Defendant C, on October 13, 2009, alleged that the Plaintiff’s husband D promised to exempt the Defendant C from the guaranteed obligation on the instant loan, because he/she created a collateral security on the apartment owned by the Defendant B, and he/she paid the Defendant C the amount of five million won out of the instant loan on behalf of the Defendant C, according to the Plaintiff’s husband D’s written evidence No. 1, the Plaintiff’s husband D made a registration of establishment of a collateral security on October 13, 2009 regarding the instant loan claim (hereinafter “instant apartment”), and the fact that Defendant C paid five million won on the same day to the Plaintiff on the same day is recognized.

arrow