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(영문) 수원지방법원 2018.02.27 2017가단516793
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 103,00,000 and KRW 101,752,00 among them, from March 6, 2016 to May 1, 2017.

Reasons

1. Determination on the cause of the claim

A. (1) On January 29, 2015, the Plaintiff obtained a loan of KRW 130,000,000 from the Han Bank Co., Ltd. (hereinafter “instant loan”) as collateral No. 801 of the 801 of the 324-Dong-si, Young-si, Young-si, the joint ownership of the Plaintiff and D, and lent KRW 130,000,000 to the Defendant B on February 28, 2015.

(2) On November 30, 2015, Defendant B paid the Plaintiff KRW 30,000,000,000, out of the instant loan loan amount of KRW 130,000,000 until January 5, 2016, until February 5, 2016, Defendant B paid KRW 50,000,000 until February 5, 2016, and the interest shall be paid all of the interest on the instant loan, the redemption fee, and all the expenses for the repayment of the loan, and the interest shall be paid all of the interest on the instant loan, and if Defendant B did not pay the above repayment date, Defendant C agreed to lose the benefit of the due date, and Defendant C jointly and severally guaranteed Defendant B’s debt of the said loan amount.

(3) From February 10, 2015 to June 2, 2017, Defendants paid a total of KRW 39,370,000 as partial payment of the principal and interest of the instant loan.

(4) At the time of the closing of the instant argument, the balance of the instant loan is KRW 103,00,000, and the balance of the instant loan is KRW 101,752,889.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

B. According to the above facts of determination, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 130,00,000 and KRW 101,752,889, whichever is the 101,752,889, respectively, 5% per annum prescribed by the Civil Act from March 6, 2016 to May 26, 2017, which is the last delivery date of the copy of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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