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(영문) 서울남부지방법원 2018.10.25 2018가합108613
대여금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 265,900,000 and KRW 65,900,000 among them shall be the Defendant from August 1, 2012.

Reasons

1. Determination as to the claim against Defendant C

A. On January 16, 2012, the Defendants indicated the claims borrowed KRW 130,00,000 from the Plaintiff as of July 31, 2012, and Defendant B paid KRW 64,100,000 only, and the remainder KRW 65,90,000 is not repaid.

In addition, on January 31, 2012, Defendant C borrowed 200,000,000 won from the Plaintiff as interest rate of 30% per annum, and on January 31, 2013, Defendant C jointly and severally guaranteed this.

Therefore, the defendants are jointly and severally liable to pay 265,900,000 won and interest or delay damages thereon.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against the defendant B

A. On January 16, 2012, the Defendants are the Plaintiff and the issuer as the Defendants, with the date of issuance as the Plaintiff and the issuer on January 16, 2012, and the Defendants’ Promissory Notes worth KRW 130,000,000 at par value on July 31, 2012 (hereinafter “instant Promissory Notes”).

2) Defendant B paid KRW 64,100,000 to the Plaintiff as debt repayment, from February 1, 2012 to June 5, 2012, a notary public issued a promissory note No. 36, which was signed by law firm good faith.

3) On January 31, 2012, Defendant C borrowed KRW 200,00,000 from the Plaintiff as interest rate of 30% per annum, and on January 31, 2013, Defendant C guaranteed the Defendant C’s obligation. As to this, Defendant C’s joint and several surety was prepared by a notary public on January 130, 2012, with the notarial deed of a monetary loan for consumption as the notarial deed No. 130 of a law firm good faith. [In the absence of any dispute over the grounds for recognition, the notarial deed of a monetary loan for consumption was prepared by the notary public on January 31, 2012.]

B. The facts acknowledged prior to the determination of the cause of the claim, and the overall purport of the arguments in light of the aforementioned evidence, the Plaintiff loaned KRW 130,000,00 to the Defendants on January 16, 2012, and the Defendants agreed to jointly and severally repay to the Plaintiff up to July 31, 2012, which is the due date of the Promissory Notes.

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