logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.11.30 2016가단26805
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 100,000,000 and interest rate of KRW 18% per annum from March 21, 2015 to the date of full payment.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. On November 5, 2013, Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 180,000,000 from the Plaintiff, and paid interest at the rate of 1.5% per month (18% per annum).

Defendant B, C, E, and F jointly and severally guaranteed the debt of the loan to the Plaintiff of the non-party company.

On March 20, 2015, F, a joint and several surety, repaid KRW 80,000,000 among the above loan debt and interest accrued therefrom.

Therefore, Defendant B, as a joint and several surety for the above loan, is obligated to pay the Plaintiff the interest at the rate of 18% per annum from March 21, 2015 to the date of full payment.

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claim against Defendant C

A. (1) On November 5, 2013, the Plaintiff: (a) lent KRW 180,000,000 to the Nonparty Company; (b) determined the interest rate of KRW 1.5% per month and the due date of payment on June 5, 2014; and (c) Defendant C, B, E, and F jointly and severally guaranteed the Nonparty Company’s above loan obligations against the Plaintiff.

E, on March 20, 2015, paid 80,000,000 of the above loan and interest accrued until March 20, 2015, and E, Defendants, and F agreed to pay the unpaid loan up to April 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and the purport of the whole pleadings (2). According to the above facts of recognition, defendant C, as a joint and several surety of the non-party company, has a duty to pay interest and delay damages from March 21, 2015 to the non-party company's guaranteed liability of 100,000,000 won, and to the non-party company's guaranteed liability of 100,000 won.

B. (1) Defendant C’s assertion is that Defendant C’s assertion is resolved within three months as the wife of the E, the actual president of the non-party company, and E would be resolved within three months.

arrow