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(영문) 부산지방법원 2020.09.03 2020나44992
대여금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In full view of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 and 3, the plaintiff extended 30,000,000 won to defendant B on December 23, 2010: 150,000 won per month (0.5% per month, 6% per year), and the due date for payment: 30 months from the date of borrowing (in combination with interest, 1.5 million won per month in installments for 30 months), and hereinafter referred to as "loan obligation of this case".

On the same day, Defendant C and D guaranteed the above loan obligations against the Plaintiff on the same day.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff interest, delay damages, and delay damages. The Plaintiff is a person who received payment from the Defendants of each corresponding amount in the [Attachment 29,200,000] on the relevant date stated in the [Attachment 1] on the date of performance “Attachment 30,000,000” (see the written complaint, e.g., Supreme Court Decision 6No. 1, Mar. 24, 2011. “In light of the contents of the pertinent sentence, the amount appears to have been written on April 10, 201.” This is deemed to have been written in the form of interest, delay damages, and principal in accordance with Article 479 of the Civil Act. If the Defendants’ loans or joint and several surety obligations against the Plaintiff were appropriated in the order of payment in accordance with Article 479 of the Civil Act, as of September 5, 2018.

B. The Defendants asserted that the amount that the Defendants paid to the Plaintiff upon the repayment of the instant loan is not KRW 29,200,000,000, which the Plaintiff was the Plaintiff, but the Defendants’ joint and several liability of the Defendants against the Plaintiff was extinguished, since the Defendants’ joint and several liability of the Defendants against the Plaintiff was the total amount of KRW 78,239,630, which the Defendants remitted to the Plaintiff from January 3, 201 to September 5, 2018, from February 28, 2011 to September 28, 2012, 45,540,620, excluding KRW 32,69,01,000,000,000,000,000,000,000,000,000,000,000.

W. Written evidence Nos. 1 to 3 shall be written.

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