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(영문) 수원지방법원안양지원 2014.12.12 2013가합1100
대여금
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 102,00,000 and KRW 20,000,000 among them.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Plaintiff A: (a) without fixing the due date for payment, the amount of KRW 80,000,000 on May 19, 201 to Defendant C; and (b) on June 10, 2011, the amount of KRW 20,000,000 was determined to be 3% per month; and (c) on January 19, 2012, the amount of KRW 20,000 was loaned to Defendant C without setting interest or the due date for payment; (d) Defendant D guaranteed each of the above loans owed by Defendant C; (e) Plaintiff D guaranteed each of the above loans owed by Defendant C; and (e) on January 8, 2011, the amount of KRW 140,000 per month interest was determined to be 140,00 per month (two percent per month); and (e) the amount of KRW 12,00,000 per month loaned each interest.

3) Defendant B lent 50,000,000 won to Defendant C on May 3, 2011 without setting interest or due date. Defendant D guaranteed the above loan obligation of Defendant C. [The fact that there is no dispute over the grounds for recognition, the entries in Evidence A No. 1-1-6, and the purport of the whole pleadings, as a whole.

B. Determination: (a) Plaintiff A was paid interest on loans from the Defendants on January 8, 201 and June 10, 201 to September 12, 201; (b) barring any special circumstance, the Defendants jointly and severally liable to the Plaintiff for a total of KRW 102,00,000 ( KRW 80,000,000) and KRW 20,000,000 among them; (c) from September 13, 2012 to 20,000,000,000 per annum of KRW 20,000; (d) from September 22, 2012 to 30,000,000 per annum of the instant payment order to the Plaintiff; (e) from April 22, 2014 to 30,000,000 per annum of the instant case’s payment order to the Plaintiff; and (e) from 30,000,000 per annum of the instant payment order to 20.

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