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(영문) 의정부지방법원 2019.01.15 2018가단8644
대여금 및 구상금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 140,000,000 and the interest rate thereon from May 12, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff has been engaged in monetary transactions by lending money to Defendant B.

B. On May 16, 2008, Defendant B drafted a loan certificate stating that “it shall repay the loan amount of KRW 190 million to that time, interest of KRW 150 million per annum to that time, and interest of KRW 15% per annum to that time until June 30, 2008 (Evidence A 1; hereinafter “the loan certificate of this case”).

Defendant C, in the marital relationship with Defendant B, signed and sealed the above loan certificate as a joint guarantor.

C. On November 22, 2017, the Plaintiff filed a lawsuit against the Defendants for a loan claim of KRW 50,000,000,000, which is part of the amount stated in the instant loan certificate, and the said court rendered a judgment in favor of the Plaintiff to the effect that “The Defendant jointly and severally pays to the Plaintiff the amount calculated by the rate of KRW 50,000 and KRW 15% per annum from June 27, 2017 to the date of full payment.”

The above judgment became final and conclusive on December 13, 2017.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The Plaintiff’s assertion amounting to KRW 190,000,000,000,000, which is the 1990,000 won as stated in the loan certificate of this case, calculated by subtracting the title of enforcement from the amount of KRW 50,000,000,000,000, and the interest for delay after the date of service of the copy

3. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the interest in arrears or delay damages with the agreed rate of 15% per annum from May 12, 2018 to the date of full payment, which is the day following the date of delivery of the copy of the complaint of this case sought by the Plaintiff, as the remainder, excluding the amount of KRW 50 million already obtained judgment, out of the amount stated in the loan certificate of this case, and the remainder, excluding the amount of KRW 50,000,000,000,000,000,000

4. The defendant's assertion and judgment stated that "the plaintiff paid all the plaintiff's claim amount." However, the defendant argued that "the plaintiff paid all the claim amount."

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