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(영문) 수원지방법원 안산지원 2018.04.27 2016가단26143
대여금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff asserted that the plaintiff lent 5,00,000 won to the defendant B on January 27, 2004, and 6,200,000 won on March 15, 2004 at the interest rate of 4% per month. The defendant C, the father of the defendant B, guaranteed the above loan debt by the defendant C.

Since the Defendants partly repaid interest, and even if the Plaintiff appropriated the dividend received from the right to collateral security with respect to Defendant B to the interest, the principal and interest as stated in the purport of the claim remain, the Defendants are jointly and severally liable to pay the said interest to the Plaintiff.

B. The Defendants’ assertion 1) and the Plaintiff’s claim against Defendant B is a credit service provider, and the Plaintiff’s claim against Defendant B becomes extinct upon the lapse of five years. Since the Plaintiff filed the instant lawsuit after the lapse of five years from October 22, 2007 when the Plaintiff exercised the right to collateral security against Defendant B and received dividends, both the Defendants’ joint and several liability became extinct. 2) The Defendants’ joint and several liability became final and conclusive. 2) The Defendants paid not only interest but also principal, and thus, the amount claimed by the Plaintiff is not reasonable. In particular, Defendant C did not have jointly and severally guaranteed the loan obligation, and the Defendant C did not have any joint and several liability and signed and sealed each of the above Defendant’s signature and seal stated in

2. The plaintiff lent 5,00,000 won on January 27, 2004 to the defendant Eul, and 6,200,000 won on March 15, 2004 to the interest rate of 4% on each month. The defendant Eul, the father of the defendant Eul, guaranteed the above loan obligation by the defendant Eul, as the joint guarantor of the defendant Eul, shall be the joint guarantor of the defendant Eul's statement in the evidence Nos. 1, 4, 13 (including the serial number) (the defendant Eul shall be accompanied by the plaintiff's certificate Nos. 1, 13-1, or the above defendant's personal seal impression shall be attached to the purport that each of the above defendant's personal seal impression is forged, and each of the copies of the personal seal impression and the other's personal seal impression coincide with the external checks, and the plaintiff shall not be accepted the allegation that each of them was forged as evidence evidence No. 2 through the preparatory document as of February 27, 2018.

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