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(영문) 광주지방법원 2013.12.11 2013가단500256
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 15,958,431 and KRW 14,412,538 among them, from June 29, 2013 to July 5, 2013.

Reasons

1. Facts of recognition;

A. The deceased D (the deceased on October 5, 2012, hereinafter “the deceased”) lent KRW 35,000,000 to Defendant B on December 20, 204, and the Defendant C jointly and severally guaranteed the lending. On December 22, 2004, the deceased and the said Defendants jointly and severally guaranteed the lending amounting to KRW 35,00,000. On December 22, 2004, on December 20, 2007, the deceased and the said Defendants signed a notarial deed of money loan agreement (hereinafter “notarial deed of this case”) by setting the maturity period of the said lending as 25% per annum, interest rate of 10% per annum, interest rate of 10% per annum, and interest rate of 15% per annum.

B. In the event that the obligor delays one time of this case’s notarial deed, the obligee would lose the benefit of time without any other notification or peremptory notice from the obligee, and immediately repay the remainder of the obligation, and when the obligor delays the repayment of principal or interest, the obligee would pay damages for delay at the rate of 15% per annum with respect to the delayed principal or interest.

C. On December 15 of the same year, the Plaintiff and other co-inheritors transferred all of the loans to the Defendants of the Deceased’s Notarial Deed.

The Defendants paid to the Deceased KRW 10,00,000 on September 8, 2009, KRW 15,500,000 on August 2, 2010, KRW 10,000 on January 4, 2012, and KRW 30,000 on October 30, 200, respectively, to the Plaintiff.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 5, Eul evidence 2 through 4 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) As to the determination of the cause of the claim, the order of appropriation under Article 479 of the Civil Act is stipulated in the case of appropriation for performance to the principal, and Article 476 of the Civil Act on appropriation for payment to the principal is not applicable mutatis mutandis, in principle, it shall be appropriated in the order of expenses, interest, and principal, and even if the debtor is not only the debtor but also the creditor, the order of appropriation can not be designated unilaterally differently from the above legal order.

However, there is a special agreement between the parties or unilateral agreement between the parties.

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