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(영문) 춘천지방법원 2014.02.18 2013가단11808
대여금 등
Text

1. Defendant B’s interest rate of KRW 71,50,000 and KRW 60,000 among the Plaintiff’s interest rate of KRW 71,50,000 shall be from September 18, 2013 to the date of full payment.

Reasons

1. The Defendant B prepared and delivered to the Plaintiff a letter of payment (Evidence 4) stating that “The principal of the vehicle shall be KRW 60,000,000, and the interest accrued at KRW 11,500,000,000,000, which shall be the sum of KRW 30,000,000,000, and the principal shall be paid on April 30, 201, and the remainder of KRW 30,000,000,000 shall be paid every three months.” The Defendant B written and delivered a letter of payment (Evidence 4) stating the name and resident registration number of Defendant C, who was the husband, at the time of the joint and several surety column, affixed the Defendant C’s seal imprint.

(hereinafter referred to as “instant written rejection of execution”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 4, the purport of the whole pleadings.

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the interest on the loan amounting to KRW 71,50,000,000 and the principal amounting to KRW 60,00,000 among them, as requested by the Plaintiff, delay damages calculated at the rate of 20% per annum from September 18, 2013 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. Determination as to the claim against Defendant C

A. As to the Plaintiff’s assertion of joint and several liability, Defendant C, the husband of Defendant B, is jointly and severally liable to pay the above loan principal and interest and damages for delay thereof to the Plaintiff. 2) The judgment of Defendant C is based on the joint and several liability of the principal and interest of the loan and the damages for delay thereof. Of the above payment note, Defendant C’s joint and several liability is based on the joint and several liability of the principal and interest of the loan to the Plaintiff. Of the joint and several liability note, the joint and several liability seal stamp of Defendant C is affixed on the name of Defendant C., but in full view of the witness’s testimony and the overall purport of oral argument, it is recognized that the part of the joint and several liability seal stamp of Defendant C at the bottom of the instant payment note may be recognized by Defendant C’s use of the Defendant’s seal imprint, which was kept at the house without Defendant C’s consent or consent, and there is no reflect evidence.

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