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(영문) 인천지방법원 2019.10.10 2019가단8176
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 45,00,000 and Defendant B with respect thereto from May 25, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 45 million to Defendant B, and specifically, by agreement between the parties, paid KRW 43,200,000,000 after deducting KRW 1.8 million in the name of prior interest and the name of the parties, by dividing the remaining KRW 1.8 million on July 18, 2013 and remitting it to Defendant C’s account on October 18, 2013.

B. On December 22, 2014, the Plaintiff and Defendant B arranged the existing monetary transactions, and prepared the following loan certificates (hereinafter “the instant loan certificates”) with the content that Defendant B borrowed KRW 45 million from the Plaintiff, and Defendant C guaranteed the Plaintiff’s debt to the Plaintiff.

Principal: 45,000,000 due date: Interest for the year 2014: Loss of profit within the period of 1% per month: if interest is in arrears on three occasions, the debtor shall lose the due date.

If a creditor requests the principal and interest even before the due date, the debtor shall, in consultation with him/her, decide to repay the principal and interest.

C. The Defendants, prior to the preparation of the instant loan certificate, remitted each of the Plaintiff KRW 600,000,000 to the Plaintiff on September 25, 2013, and KRW 1 million on February 26, 2014.

After the completion of the loan certificate of this case, the defendants paid to the plaintiff as the repayment terms of the above loan is the amount stated in the "amount of repayment" on the date stated in the "date of repayment" column of appropriation information.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1-3 evidence, Eul's 2-6 evidence, the purport of whole pleading

2. The assertion and judgment

A. (1) The Plaintiff’s assertion as the cause of the Plaintiff’s claim (1) lent KRW 45 million to Defendant B, and all the money repaid by the debtor and the joint guarantor was appropriated for interest.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the borrowed amount of KRW 45 million and damages for delay claimed by the Plaintiff.

(2) Defendant B’s assertion that Defendant B received money as a loan from the Plaintiff is KRW 43.2 million, and KRW 1.8 million, in advance and under title, the Plaintiff.

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