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(영문) 대구지방법원 2016.04.26 2016가단104484
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 357,664,172 and KRW 349,315,358 among them, 19% per annum from February 25, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned loans to B (hereinafter “B”) as listed below. The Defendant extended loans to the Plaintiff on November 30, 2010 to the Plaintiff within the guarantee limit of each of the loans extended on December 31, 2010 by 150,000,000 per annum 8.28% per annum 195,000,000 per annum 195,000,000 per annum 70,000,000 per annum 7.2% per annum 910,000,000 per annum 910,000,000,303 of general loans extended on April 16, 2010 to the Plaintiff within the guarantee limit.

On November 30, 2010, 143,059, 631, 801, 793, 793, 144, 861, 424 on December 31, 2010, 31, 2010, 206, 206, 727, 7271, 7271, 969, 208, 208, 224, 349, 358, 358, 87, 8513 of ordinary loan loans on April 16, 2010.

B. B did not discharge each of the above loans obligations, and as of February 24, 201, the balance of each of the above loans obligations is as listed below:

【The grounds for recognition】 Each statement of evidence Nos. 1, 2, 3, 6, 7, 9, 10, 11, and 14 (the defendant alleged that the defendant denied the fact of the instant probation guarantee and that each of the evidence Nos. 2, 4, and 6 was forged, but it appears that each of the evidence Nos. 3, 7, and 11 was issued by himself/herself around the time of each of the instant probation guarantee, and that each of the above evidence Nos. 3, 7, and 11 was deemed to have been identical in terms of the Defendant’s seal affixed on each of the above probation guarantee certificates, and the purport of the whole arguments, the authenticity of each of the above probation guarantee certificates can be recognized in full view of the purport of all the arguments).

2. According to the facts of the determination as to the Plaintiff’s cause of claim, the Defendant, as a collateral guarantor of the instant loan obligation, is 357,664,172 won (i.e., principal and interest of KRW 349,315,358, and principal and interest of KRW 8,348,814), and 19% per annum, which is the agreed delay rate from February 25, 201 to the date of full payment, for the principal and interest of KRW 349,315,358.

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