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(영문) 서울서부지방법원 2018.10.18 2017가단202992
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and Defendant B from February 9, 2017 to Defendant C.

Reasons

1. On December 29, 2010, the fact that the Plaintiff lent KRW 100 million to the Defendants on the ground of the claim was not disputed between the parties, and in full view of the purport of the entire pleadings in the statement in subparagraph 2, it is recognized that the Defendant B borrowed KRW 100 million from the Plaintiff in order to refund the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the lease of the real estate in Defendant B, and Defendant C also signed as the obligor on the loan certificate (

According to the above facts of recognition, Defendant C signed the above loan certificate with the intent of guarantee. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff 10 million won of the loan and the damages for delay calculated at the rate of 15% per annum from February 9, 2017 to the day following the delivery of the copy of the complaint in this case, and Defendant C is jointly and severally liable to pay to the Plaintiff the damages for delay calculated at the rate of 15% per annum from February 12, 2017 to the day of full payment.

(1) The Plaintiff filed a claim against the Defendants for interest calculated at the rate of 12% per annum from June 31, 2012 to the delivery date of a copy of the instant complaint. According to the respective statements in the evidence Nos. 1, 6, and 10 through 13, the Defendants were aware that the Defendants deposited money equivalent to KRW 1.5 million from January 13, 201 to the Plaintiff’s account in the name of the Plaintiff at several times. Meanwhile, in light of the fact that there exist a number of other monetary transactions and real estate transactions among the Plaintiff and the Defendants, it is insufficient to recognize the payment period and agreement rate of the said borrowed money solely based on the above transfer details, and there is no evidence to acknowledge otherwise, and thus, the Plaintiff’s claim for interest on the said borrowed money is without merit).2.

A. The Defendants seem to have written in writing that Defendant C’s loans (as stated in the evidence No. 14, Jan. 14, 2006) against the Plaintiff appears to have been written in writing on Nov. 14, 2006. From August 17, 2009 to August 17, 2009, the total amount of loans of KRW 62,775,500 ( KRW 1,14,000,000,000,000 on Jan. 14, 2006; ② KRW 2,2,000,000 on Dec. 15, 2006; ③ December 18, 2006,000.

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