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(영문) 창원지방법원진주지원 2020.05.13 2019가단803
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,00,000 and 5% per annum from May 1, 2012 to March 7, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff, around 2009, lent KRW 30 million to Defendant B at the rate of 3.5% per month.

B. Defendant B remitted to the Plaintiff KRW 10 million on May 8, 2009, and KRW 10 million on June 1, 2009 (hereinafter “first remittance”). From July 13, 2009 to September 8, 2011, Defendant B remitted KRW 15 million to the Plaintiff (hereinafter “second remittance”).

C. On February 9, 2012, between the Plaintiff and Defendant B, the loan certificate was prepared between the Plaintiff and the Plaintiff that the Plaintiff leased KRW 35 million to Defendant B on April 30, 2012 (hereinafter “the loan certificate of this case”). The Defendant C jointly and severally guaranteed the Defendant B’s obligation to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) around February 2009, the plaintiff lent KRW 20 million to the defendant B, and the defendant B repaid the above debt with the primary remittance. The plaintiff again lent KRW 30 million to the defendant B around June 2009, and the plaintiff and the defendant B made a loan certificate of this case in the course of settlement of money transaction between the plaintiff and the defendant B. The defendant B did not perform the debt under the loan certificate of this case. Since the defendant C jointly and severally guaranteed the above debt, the defendants are jointly and severally liable to pay the plaintiff KRW 35 million and delay damages. The defendant B borrowed KRW 30 million from the plaintiff on March 2, 2009, and repaid the loan by means of the first and second remittance.

If Defendant B appropriated the repayment to the Plaintiff within the maximum interest rate under the Interest Limitation Act, the obligation to be paid by Defendant B to the Plaintiff is the principal KRW 149,132 as of September 8, 201.

The Defendants cannot respond to the Plaintiff’s claim in violation of the Interest Limitation Act, as the principal KRW 35 million stated in the instant loan certificate.

B. Determination No. 1 through 3, No. 1.

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