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(영문) 울산지방법원 2016.12.20 2016가단1945
대여금
Text

1. Defendant B, D, and F jointly and severally with the Plaintiff the amount of KRW 50 million from July 1, 2006 to July 14, 2014.

Reasons

1. Claim against Defendant B, D, and F

A. On May 9, 2006, the Plaintiff agreed to receive 150% of the principal by June 30, 2006, when lending KRW 50 million to Defendant B. Defendant D guaranteed Defendant B’s obligation, and Defendant F guaranteed Defendant B’s obligation.

3) Claim interest and damages for delay under the Interest Limitation Act from the date of maturity (30% per annum from July 1, 2006 to July 14, 2014, and 25% per annum from July 15, 2014 to the date of full payment).

(b) Defendant B or F: Judgment by service (Article 208(3)3 of the Civil Procedure Act)

(c) Defendant D: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C and E

A. On May 9, 2006, the Plaintiff agreed to borrow KRW 50 million to Defendant B and receive KRW 150% of the principal until June 30, 2006. Defendant C and E jointly and severally guaranteed the Defendant B’s debt. Accordingly, Defendant C and E are jointly and severally liable to pay the Plaintiff KRW 50 million and its delay damages.

B. The evidence No. 1, which seems to be consistent with the Plaintiff’s assertion, cannot be used as evidence because there is no evidence to prove the authenticity of the petition, and it is not sufficient to acknowledge the Plaintiff’s assertion only with the descriptions and images of the evidence Nos. 2, 3, 4, 5, and 6 (including the number of pages), and there is no other evidence to prove the Plaintiff’s assertion.

3. The plaintiff's claim against the defendant B, D, and F is justified, and the plaintiff's claim against the defendant C and E is dismissed as it is without merit.

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