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(영문) 의정부지방법원 2021.02.05 2019가합53785
대여금
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Defendants are jointly and severally liable to the Plaintiff for 300,000,000 won and 24% per annum from May 16, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On January 10, 2011, Defendant B borrowed 300 million won from the Plaintiff, 24% per annum, and the due date for repayment as of July 31, 201 from the Plaintiff.

The loan certificate containing KRW 100,000,000 was prepared, and Defendant C guaranteed Defendant B’s debt.

B. On May 15, 2012, Defendant B drafted a loan certificate stating that “The Plaintiff borrowed KRW 100 million, including the Plaintiff’s interest of KRW 70 million on the existing loan and KRW 30 million on the date of the loan, the interest shall be 2% per month, and the due date shall be August 15, 2012,” and Defendant C guaranteed Defendant B’s debt.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants agreed to pay to the Plaintiff a total of KRW 400 million as stated in the above loan certificates.

Therefore, it is reasonable to view that the Defendants are obligated to pay damages for delay at the rate of 24% per annum, which is the agreed interest rate from May 16, 2012 to the date of full payment, as the Plaintiff seeks with respect to the remaining KRW 300 million after deducting KRW 100,000,000 from the amount agreed upon by the Plaintiff, among the 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.

B. On January 10, 201, the Defendants’ assertion as to the Defendants’ assertion, the Plaintiff invested KRW 200 million to the Defendants on January 10, 201, and paid KRW 100 million to the Plaintiff.

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