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(영문) 부산지방법원 동부지원 2017.03.14 2016가단14043
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 106,00,000 and KRW 100,000 among them, Defendant B from July 1, 2014 to July 2016.

Reasons

On May 29, 2012, the Plaintiff sold the land, etc. of Ulsan-gun to Defendant B in the amount of KRW 950,000,000, and the Defendant B, on February 26, 2013, in relation to the payment of KRW 100,000,000 out of the purchase price, issued a loan certificate with the effect that the Plaintiff borrowed KRW 100,000,000 to the Plaintiff on June 30, 2013 and the interest rate of KRW 5,00,00,000. At that time, the Defendant C guaranteed the Defendant B’s joint and several obligation between the Plaintiff and the Defendant pursuant to Article 150(3) of the Civil Procedure Act, and there is no dispute between the Plaintiff and the Defendant C.

Therefore, the Defendants jointly and severally liable to the Plaintiff KRW 106,00,000 and interest KRW 6,000,000 from July 1, 2013 to June 30, 2014 (i.e., KRW 500,000 per month x 12 months) as to KRW 100,000 and KRW 100,000 per annum under the above agreement from July 1, 2014 to November 29, 2016 when the duplicate of the complaint of this case was served on the Plaintiff (i.e., interest KRW 6,00,000,000 per annum from the next day to June 30, 2014; and (ii) as to the annual interest rate of KRW 106,000,000 per annum from the next day to the date of full payment, the Defendants were obligated to pay KRW 15,000 per annum from the date of the above agreement to the date of full payment.

Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

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