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(영문) 울산지방법원 2015.07.10 2014가단65839
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,500,000 and the interest rate thereon from June 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 23, 2013, the Plaintiff lent KRW 30 million to Defendant B without fixing the due date (hereinafter “the first loan obligation”), and at the time Defendant C, the wife of Defendant B, jointly and severally guaranteed the first loan obligation. B. On June 28, 2013, the Plaintiff again lent the additional KRW 15 million to Defendant C on September 30, 2013 (hereinafter “the second loan obligation”), and at the time D entered into a guarantee agreement with the Plaintiff as to the second loan obligation.

C. Thereafter, Defendant C paid to the Plaintiff KRW 10 million on January 2, 2014, ② KRW 5 million on February 2, 2015, which was subsequent to the instant lawsuit, and KRW 17.5 million on May 27, 2015.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. Determination:

A. According to the above facts, the first loan obligation is an obligation with no fixed time limit and the obligor is liable for delay from the date following the date on which the claim for the performance of the obligation is filed. However, the Plaintiff’s claim for the payment of the first and second loan obligation by the lawsuit in this case, and there is no evidence to acknowledge that the Plaintiff had requested the payment of the first and second loan obligation to the Defendants before that claim for the performance of the first loan obligation. Accordingly, the first loan obligation repayment period will be deemed as January 13, 2015, which is the day following the delivery of the complaint in this case, and the repayment period of the second loan obligation as September 30, 2013.

B. In addition, there is no evidence to deem that there was a special agreement on the repayment of the said payment amounting to KRW 10 million from Defendant C on January 2, 2014 and KRW 5 million on February 2, 2015, at the time of each payment was made. Accordingly, the said KRW 15 million paid by Defendant C to the Plaintiff should be first appropriated for the repayment of the second loan amount due under Article 477 subparag. 3 of the Civil Act.

C. Therefore, barring special circumstances, the Defendants are jointly and severally liable to the Plaintiff for the first loan and KRW 28.5 million.

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