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(영문) 서울남부지방법원 2017.04.13 2016가합1855
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 2-2 against the Plaintiff’s Defendants, the Plaintiff’s repayment period of KRW 120 million on February 4, 2005 to Defendant B is 29% of the interest payment period, KRW 29% of the damages for delay, and KRW 30% of the month, respectively, and the same year.

3. On August 10, 2005, interest rate of KRW 300 million was set at 20 million, interest rate of KRW 20%, delay damages was 30% per month, and Defendant C has jointly and severally guaranteed the above loan obligations (Defendant B prepared the above KRW 300 million loan with interest rate of KRW 240 million borrowed from the Plaintiff from April 12, 2004 to March 2005, and it is insufficient to recognize the claim of this case by altering the existing loan certificate, although the Plaintiff did not borrow money at the above date, the evidence submitted by the Defendants alone is insufficient to recognize the above loan claim. Rather, according to the Plaintiff’s statement under subparagraph 8-1, it is difficult to accept the Defendants’ assertion that the Defendants purchased apartment loans from the Plaintiff’s above KRW 630 million with interest rate of KRW 300,000,000,000,000,000,000,000).

Next, the defendants asserts that the above loan claims were extinguished by the expiration of the extinctive prescription of commercial claims.

The following circumstances, which are considered to be comprehensively taken into account the overall purport of the pleadings in each entry of the evidence and evidence set forth in the above-mentioned Nos. 5 through 8 (including the serial numbers):

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