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(영문) 서울중앙지방법원 2017.05.18 2016가단140023
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 36% per annum from June 5, 2007 to June 29, 2007.

Reasons

1. The Plaintiff loaned 5 million won to Defendant B on June 4, 2007 by setting the maturity of 3% on December 31, 2007, with the interest rate of 5 million won per month, and the fact that Defendant C signed and affixed a seal on the loan certificate (Evidence A 1) prepared by Defendant B on the same day by Defendant C as a guarantor may be recognized in full view of the purport of the entry and the entire pleadings between the Plaintiff and the Defendant, and there is no counter-proof, and there is no dispute between the Plaintiff and the Defendant C.

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay the plaintiff the above five million won and damages for delay as the principal debtor or guarantor, unless there are special circumstances.

In regard to this, Defendant C, at the time of the preparation of the above loan certificate, did not assume legal responsibility as the Plaintiff’s son’s son, and the above loan certificate was signed and sealed as the surety, and thus, Defendant C’s above defense is not accepted. However, there is no evidence to acknowledge this.

3. Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the agreed interest rate of 36% per annum from June 5, 2007 to June 29, 2007, which is the next day following the lending date, as the Plaintiff seeks, and as the Plaintiff seeks, 5% per annum from the next day to May 18, 2017, the agreed interest rate of 5% per annum from the next day to the next day of the instant sentencing, and 15% per annum from the next day to the day of full payment. Accordingly, the Defendants are jointly and severally obligated to accept the Plaintiff’s claim for damages. It is so decided as per Disposition.

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