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(영문) 대구지방법원김천지원 2015.07.01 2015가단829
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 27, 2006, Defendant B borrowed the Plaintiff “70 million won from the Plaintiff on September 27, 2008 due date for payment, interest rate of 20% per annum, and temporary payment due, with the maturity fixed and borrowed “the cash custody certificate to the effect that the Plaintiff would have been prepared and executed (hereinafter “the instant cash custody certificate”), and Defendant C jointly and severally guaranteed the Defendant B’s obligations.

(hereinafter “the instant loan”). (b) The instant loan.

Defendant C, on October 23, 2006, borrowed the Plaintiff “30 million won from the Plaintiff on October 23, 2008 at the due date, interest rate of 20% per annum, and lump sum repayment at maturity.”

In hereinafter referred to as "loan" on October 23, 2006.

(c) Defendant B paid KRW 4,593,00 in total to the Plaintiff from October 24, 2006 to October 26, 2010; Defendant C paid KRW 57,502,00 in total to the Plaintiff from February 12, 2007 to July 29, 2009; and Defendant C paid in the same manner as the attached repayment statement. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1 to 4, and evidence Nos. 1 to 5, as well as the purport of the entire pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiff lent KRW 70 million to the defendant B, and the defendant C can recognize the fact that he jointly and severally guaranteed the defendant Eul's obligation. Thus, the defendants are jointly and severally liable to pay to the plaintiff the amount of KRW 70 million and the damages for delay calculated at the rate of 20% per annum, unless there are special circumstances.

B. As to the Defendants’ assertion, the Defendants asserted that: (a) Defendant B borrowed KRW 30 million among the instant loans of KRW 70 million; and (b) Defendant C borrowed KRW 40 million; and (c) did not set the due date, interest, and the method of payment of transplant.

The Defendants are acknowledged to have signed the cash custody certificate of this case on September 27, 006 and the name and address column. Thus, barring any other special circumstance, the cash custody certificate of this case is deemed to have been written and signed on September 27, 06.

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