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(영문) 창원지방법원통영지원 2020.10.15 2019가단27788
대여금
Text

Plaintiff

A. Defendant B’s KRW 15,00,000 and interest rate of KRW 18% per annum from August 20, 2016 to the date of full payment.

Reasons

On October 7, 2016, the Plaintiff indicated the claim portion against Defendant D lent KRW 10,00,000 to Defendant C as the due date for payment on February 30, 2017, and KRW 15,000 per annum (18%) per annum, but not only the principal but also the interest until the due date has passed.

Defendant D jointly and severally guaranteed the above debt.

Therefore, Defendant D is jointly and severally liable to pay to the Plaintiff KRW 10,00,000 and damages for delay calculated by the rate of 18% per annum from November 7, 2016 to the date of full payment.

According to the judgment by public notice by applicable provisions of law (Article 208(3)3 of the Civil Procedure Act), Article 208(3)3 of the Claim Part A against Defendant C, Defendant C, on October 7, 2016, prepared and attached a loan certificate stating that “The amount of rent shall be KRW 10,000,000, and the due date shall be determined on February 30, 2017 and interest shall be KRW 150,000,000 per month.” Thus, the Plaintiff shall be deemed to have lent KRW 10,00 to Defendant C.

Therefore, Defendant C is jointly and severally liable to pay to the Plaintiff KRW 10,00,000 as well as damages for delay calculated by the rate of 18% per annum from November 7, 2016 to the date of full payment.

On July 25, 2012, the Plaintiff indicated the claim portion against Defendant F lent KRW 30,000,000 to G as the due date for payment on December 25, 2014, and KRW 1,50 per annum (18%) to G, and Defendant F guaranteed the said obligation.

However, only interest on the above loan has been paid, but the principal has not been repaid.

Therefore, Defendant F is obligated to pay to the Plaintiff KRW 30,00,000 as well as damages for delay calculated at the rate of 18% per annum from October 27, 2019 to the date of full payment.

According to the judgment by public notice by applicable provisions of law (Article 208(3)3 of the Civil Procedure Act), Article 1 of the judgment as to the cause of the claim against Defendant B as to the cause of the claim, Defendant B’s 15,000,000 won and the above amount are as follows.

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