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(영문) 서울중앙지방법원 2017.08.08 2017가단5018630
대여금
Text

1. The Defendant’s interest rate of KRW 325,742,465 and KRW 120,000 among the Plaintiff shall be from December 15, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the grounds for the claim Gap's evidence Nos. 1 through 3, the plaintiff is obligated to pay the plaintiff the amount of KRW 120,000,000 (hereinafter "the loan of this case") to the defendant on December 30, 2010 with the expiry date of the loan term of KRW 120,00,00 to the defendant on December 29, 201, and the interest rate of KRW 30% per annum, and to lend the above money. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 325,742,465, total amount of unpaid principal and interest as of December 14, 201, and damages for delay calculated at the rate of 30% per annum, which is the agreement rate from December 15, 2016 to the full payment date.

2. Judgment on the defendant's assertion

A. The purport of the Defendant’s assertion is that the person who actually borrowed the loan in this case is B who is the Defendant’s husband, and after the auction on the secured real estate regarding the loan in this case, B bears the loan in this case with the Plaintiff’s consent, and B bears the loan in this case under the Plaintiff’s consent. The issue date of promissory notes in KRW 200,000,000 issued to the Plaintiff is “the Promissory Notes in this case”; hereinafter “the Promissory Notes in this case

In light of the fact that the Plaintiff filed a lawsuit against B based on the above promissory note and the decision to recommend reconciliation became final and conclusive, etc., it can be known that the obligation of the instant loan was discharged from the obligation to B. Thus, the Defendant is exempted from the obligation of the instant loan.

B. Article 454 of the Civil Act provides that, in cases where a third party assumes an obligation by a contract with the obligor and discharges the obligor’s obligation, it shall take effect against the obligee only with the consent of the obligee. Thus, where the obligee does not obtain the consent of the obligee, even if the obligor and the underwriter agree to assume an obligation with the discharge, it shall not take effect only as the performance acceptance, etc., and the obligor shall

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