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(영문) 수원지방법원 2017.05.17 2016가단35969
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,000,000 and the interest rate thereon from November 6, 2016 to the date of full payment.

Reasons

1. In full view of the facts in dispute between the parties to the facts of recognition, the partial entries in the evidence No. 1 (excluding the parts not trusted in the future) and the written evidence No. 1, 2, and 3 in the evidence No. 1, 2, and 3, the Plaintiff loaned to Defendant B on January 7, 2014 at the interest rate of KRW 20 million per month, 2.5% per due date, August 30, 2014, extended on July 30, 2015, by the due date for payment, as extended on July 30, 2015, Defendant C guaranteed the principal and interest obligation of Defendant B, and Defendant B paid interest to the Plaintiff up to June 2015, respectively.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated at the rate of 15% per annum as sought by the Plaintiff within the agreed interest rate from November 6, 2016 to the day following the last day of service of the copy of the instant complaint, as requested by the Plaintiff, as the payment date and the day after the last day of payment of the loan amount of KRW 20 million.

Furthermore, on January 2014, the Plaintiff directly lent KRW 20 million to Defendant B, and around April 2014, the Plaintiff lent KRW 10 million to Defendant C, and then requested Defendant C to pay KRW 10 million, Defendant C actually borrowed KRW 10 million, and Defendant C actually borrowed KRW 30 million with Defendant B’s delivery of KRW 10 million, and Defendant C jointly and severally guaranteed this, the Defendants asserted that it was liable to pay KRW 20 million in addition to the above KRW 20 million, and Defendant B borrowed KRW 10 million from Defendant C, and that there was no fact that it borrowed KRW 10 million from the Plaintiff.

Plaintiff’s assertion

In accordance with the facts, there is evidence No. 1 (Evidence), but at the time of signing the above loan certificate, Defendant B stated only 20,000 won, per day, and only 30,000 won, at the time of signing the above loan certificate.

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