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Reasons
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(영문) 대전지방법원 2016.05.19 2015가단42183
대여금
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 47,103,013 and the interest rate thereon from April 3, 2015 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) on December 20, 2014, with Defendant B and C as the debtor, the Plaintiff lent KRW 60,000,000 to the Plaintiff at 2% of interest per month and on March 20, 2015. The Defendant D guaranteed the Plaintiff’s debt against Defendant B and C on the same day.

3) The Defendants paid to the Plaintiff the sum of KRW 19,50,000 so far. (b) Defendant B and C paid KRW 10,000 from the Plaintiff on October 10, 2014, and KRW 40,000,000 in total, and KRW 50,000,000 in total, from October 13, 2014, and paid KRW 2,50,000 for the purpose of distributing profits.

2) On November 11, 2014, Defendant B and C borrowed KRW 10,00,000 from the Plaintiff. Interest is KRW 10,50,000 per month and paid KRW 19,50,000 as interest on KRW 10,00,00. 3) The Plaintiff’s evidence Nos. 1 (Evidence) was written by threatening the Plaintiff to kill the blade unless the Plaintiff prepared it.

2. Determination:

A. The Plaintiff, as the obligor, lent Defendant B and C as follows. On October 10, 2014, the Plaintiff repaid KRW 2,500,000,000 to the Plaintiff on November 13, 2014 (2) Defendant B and C on November 10, 2014.

3) After that, on November 11, 2014, the Plaintiff again lent KRW 10,000,000 to Defendant B and C. (4) On December 20, 2014, Defendant B and C issued and delivered the loan certificate (Evidence A No. 1) with the interest rate of KRW 60,000,000 on the total amount of the loan borrowed to the Plaintiff on December 20, 2014, and the due date of repayment as of March 20, 2015, and Defendant D guaranteed the Plaintiff’s debt to Defendant B and C on the same day.

5) Thereafter, the Defendants repaid to the Plaintiff as follows. The Defendants paid KRW 17,00,000 in total as follows: (i) KRW 1,000,000 on January 9, 2015; (ii) KRW 1,500,000 on February 10, 2015; and (iii) KRW 11,00,000 on February 11, 2015; (iv) KRW 17,00,000 on April 2, 2015; and (iv) KRW 17,00,00,000 on April 1, 2015 (based on the grounds of recognition); and (v) Nonparty 1 (that there is no dispute as to any signature or unmanned fact by the Defendants, the entire document is written.

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