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(영문) 서울남부지방법원 2016.11.02 2015가단60553
대여금
Text

1. The Plaintiff:

A. Defendants B and C shall jointly and severally pay KRW 27,768,00,00 and shall be from January 5, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff leased at Defendant B’s request as follows.

① On March 30, 2009, the agreement on KRW 30,000,00 to Defendant C was set and lent at a rate of 30% per annum, and the Defendant C, the husband of the Defendant C, determined and lent KRW 20,000 to Defendant B on October 30, 2009 at a rate of 30% per annum. ② On October 30, 2009, the agreement was set and lent KRW 20,000 to Defendant B at a rate of 30% per annum. The loan certificate prepared at that time (hereinafter “the loan certificate of this case”), the name of Defendant D is written and the seal of Defendant D is affixed. ③ On March 26, 2010, the agreement was annually set at 30% per annum, 30% per annum, 12,000, 2000, 204 per annum, 2040, 2010, 2040% per annum.

B. The Plaintiff was paid part of the principal and interest of the above loan from Defendant B, and as of December 2014, the Plaintiff’s principal and interest of the debt against Defendant B remain in total of KRW 7,768,00.

(1) The defendants do not dispute the plaintiff's method of satisfaction of obligation and the remaining amount, and even if appropriated by the method of statutory appropriation, the method of satisfaction of obligation by the plaintiff is more favorable to the defendants). (3) The facts that there is no dispute, Gap 1 through 10 (including each number), and the purport of the whole pleadings.

2. According to the facts found in the judgment as to the cause of the claim, the Defendants are obligated to pay the remainder of the principal and interest on loan to the Plaintiff as the primary debtor and guarantor. Defendant B and C jointly are jointly and severally liable to pay to the Plaintiff the remainder of the principal and interest on loan, and damages for delay calculated at the rate of 24% per annum within the agreed rate of 24% per annum for the Plaintiff from January 5, 2015 to the date of full payment, from January 5, 2015 to the date of full payment, to the date of full payment, and damages for delay calculated at the rate of 20 million won per annum within the agreed rate of 24% per annum for the Plaintiff from January 5, 2015 to the date of full payment, and damages for delay calculated at the rate of 30 million won per annum and 24% per annum from January 5, 2015 to the date of full payment.

The plaintiff was jointly and severally guaranteed by the defendant D.

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