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Reasons
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(영문) 서울북부지방법원 2016.06.03 2015가단37297
대여금
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1. The Plaintiff:

A. Defendants are jointly and severally liable for 58,045,150 won and 30,000,000 won among them.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 30,000,000 to the Defendants on July 26, 2010, and KRW 40,000,000 on August 3, 2010. The Defendants borrowed KRW 70,000,00 from the Plaintiff on August 3, 2010 to the Plaintiff as interest rate of KRW 0.8% on August 3, 2015.

“Preparation of a loan certificate.” The Defendants paid interest to the Plaintiff by October 2, 2012. (b) On December 22, 2010, the Plaintiff lent KRW 30,000,000 to the Defendants. On the same day, the Defendants drafted a loan certificate stating that “30,000,000 won was borrowed to the Defendants at 0.8% per month interest and repaid the pre-sale price as the apartment is occupied.”

The Defendants paid interest to the Plaintiff by September 21, 2012.

C. On April 26, 2011, the Plaintiff lent KRW 5,000,000 to Defendant B by setting the interest rate of KRW 0.8% per month, and Defendant B paid interest to the Plaintiff by September 27, 2012.

On June 20, 201, the Plaintiff loaned KRW 5,000,000 to Defendant B as interest rate of 1% per month. Defendant B paid interest to the Plaintiff by October 28, 2013.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to the Plaintiff as requested by the Plaintiff, and the Defendants are jointly and severally liable to pay 58,045,150 won [i) the principal of KRW 30,00,000 to KRW 30,000 per annum 9.6% from October 22, 2012 to August 31, 2015, interest of KRW 8,474,301 (iii) the amount of KRW 70,000 to KRW 70,000 per annum from October 31, 2012 to August 31, 2015, interest of KRW 19,570,849 calculated at the rate of 9.6% per annum from the day after August 1, 2015 to the day after August 15, 205 to the day after the day following the agreement.

In addition, Defendant B’s totaling KRW 12,436,164 to the Plaintiff, ① Principal KRW 10,000,000, and ② KRW 5,000,000 as of April 26, 201.

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