(영문) 창원지방법원진주지원 2015.08.07 2015가단1327

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(영문) 창원지방법원진주지원 2015.08.07 2015가단1327

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and the period from June 12, 2007 to March 20, 2015.

Reasons

1. Facts of recognition;

A. On June 30, 2006, Defendant B borrowed KRW 30,000,000 from the Plaintiff as of December 31, 2006, and on the same day, Defendant B issued and delivered a certificate of borrowing that added the above amount to KRW 50,000,000 in the loan amount, plus KRW 20,000,00 in the name of interest, to the Plaintiff on the same day. Defendant C guaranteed Defendant C’s above debt to the Plaintiff.

B. On July 4, 2006, Defendant B borrowed KRW 10,000,00 from the Plaintiff at the maturity of 3% on September 30, 2006, and Defendant C guaranteed Defendant C’s obligation to the Plaintiff.

C. On June 2, 2007, Defendant B prepared and delivered a written statement to the Plaintiff stating that “The Defendant B failed to perform the obligation to pay the total of KRW 30,000,000 and interest KRW 20,000,000 and KRW 10,000,00,000, which was borrowed from the Plaintiff by the Plaintiff, to the end of the due date.” As such, Defendant B prepared and delivered a written statement to the Plaintiff that “The Defendant B shall be held liable for all civil and criminal liability if it fails to pay the obligation by June 11, 2007.”

(hereinafter referred to as “each of the instant statements”) / [based on recognition] Defendant B: The absence of dispute, entry of the evidence Nos. 1 through 3, the purport of the whole pleadings, Defendant C: deemed as confession.

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally obligated to delay the Plaintiff’s total amount of KRW 40,00,000,000, and damages for delay calculated at the rate of 5% per annum under the Civil Act from June 12, 2007 to March 20, 2015, which is the day following the date on which Defendant B agreed to repay the borrowed amount as requested by the Plaintiff, as requested by the Plaintiff, until March 20, 2015, which is the day after the last notice of the complaint to the Defendants, and from the next day to the day of full payment.

3. Determination as to Defendant B’s assertion

A. Defendant B’s assertion and the Defendants agreed to jointly operate the real estate agent office. ① The Plaintiff received KRW 10,000,000 from the Plaintiff on June 30, 2006 and received KRW 10,000,000 from the Plaintiff.

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