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(영문) 서울중앙지방법원 2016.06.29 2015가단193884
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of three million U.N. on June 26, 2008 to the day of full payment.

Reasons

1. On March 25, 2008, the judgment of the plaintiff on the plaintiff's claim made a loan to the defendant B with the maturity of 3 million U.N. on June 25, 2008 at least 30% per annum (hereinafter "the loan in this case"). The defendant C's joint and several guarantee for the loan in this case by the defendant C is not in dispute between the parties, or can be acknowledged by comprehensively taking into account the purport of the entire pleadings as stated in the evidence No. 1.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed interest rate of 15% per annum from June 26, 2008 to the date of full payment, as the Plaintiff seeks.

2. Determination as to the defendants' defense

A. The Defendants asserted that Defendant B received only 2.7 million U.N. from the Plaintiff after deducting the interest accrued prior to the Plaintiff. From September 25, 2008 to April 2010, the Defendants asserted that the instant loan was fully repaid if the interest accrued in excess of the Interest Limitation Act was appropriated to the principal.

In this case, there is no evidence to prove that the plaintiff deducted interest from the loan of this case, and the statement of Gap evidence 2, Eul evidence 1-1-3, Eul evidence 1-2, Eul evidence 2-1, and Eul evidence 2-2 is insufficient to recognize that defendant Eul paid interest on the loan of this case to the plaintiff, and there is no other evidence to support this. Thus, the above argument of the defendants is without merit.

B. Defendant B, without interest between the Plaintiff and the Plaintiff on April 1, 2014, agreed that the repayment period for the instant loan shall be 30,000,000 UN per month from August 1, 2014 to January 1, 2017 only on a total of 30,000 UN per month, and that the Plaintiff has deferred the payment period for the instant loan. As such, the amount equivalent to the 21-month portion from May 2016 to May 1, 200.

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