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(영문) 부산지방법원 동부지원 2018.02.22 2017가단4197
대여금
Text

l. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate from February 23, 2007 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 22, 2006, the Plaintiff lent KRW 50 million to the Defendant B at the maturity of February 22, 2007 and the interest rate of KRW 2% per month. Defendant C guaranteed the Defendant B’s obligation on the same day.

B. The Defendants, on the same day, prepared and issued to the Plaintiff a notarial deed of the Diplomatic Office Deed No. 4960, 2006.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff damages for delay at the rate of 24% per annum, which is the agreed interest rate from February 23, 2007 to the date of full payment.

Defendant B asserts that he borrowed money from the Plaintiff through the introduction, but he extinguished all of the Defendant’s debt repayment on behalf of the Plaintiff.

However, there is no evidence to prove this, and there is no reason for the defendant's defense of repayment.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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