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(영문) 서울서부지방법원 2018.10.18 2017가합40368
대여금
Text

1. The Plaintiff:

A. The Defendants jointly and severally filed KRW 305,178,082 and KRW 300,000,000 among them:

B. Defendant A, D, and E

Reasons

Basic Facts

The plaintiff is a company established on April 14, 2014 for the purpose of real estate leasing business, financial consulting business, etc.

The Defendants borrowed money from the Plaintiff and make a loan certificate to the Plaintiff or enter the loan certificate as the guarantor.

On June 3, 2016, the Plaintiff, including the Plaintiff’s lending to Defendant A, signed and sealed KRW 300 million on June 3, 2016 at the interest rate of 12% per annum, overdue interest rate of 18% per annum, and the loan period from June 3, 2016 to December 31, 2016, the same loan certificate was prepared (hereinafter “the first loan certificate”), and the remaining Defendants signed and sealed on the side of the lower part of the first loan certificate of this case.

On September 7, 2016, the Plaintiff signed and sealed Defendant A at the rate of 12% per annum, interest rate of 18% per annum, interest rate of 18% per annum, loan period from September 7, 2016 to December 31, 2016, and the same loan certificate was prepared (hereinafter “the second loan certificate”), Defendant D, and E signed and sealed on the side indicated “sureties” at the bottom of the second loan certificate of this case.

[Ground of recognition] The facts without dispute, Gap evidence No. 1, and the purport of the argument of the parties in the whole pleadings are as follows: The plaintiff lent KRW 300 million to the defendant A according to the second evidence of this case, and KRW 450 million in total, and KRW 150 million in accordance with the first evidence of this case, the remaining defendants jointly and severally guaranteed the obligation to return the loan of KRW 300 million in accordance with the second evidence of this case, and the defendant D and E jointly and severally guaranteed the obligation to return the loan of KRW 150 million in accordance with the second evidence of this case.

Meanwhile, the Defendants paid interest to the Plaintiff until October 2017, and did not pay interest from November 2017.

As of December 15, 2017, the principal and interest pursuant to the First and Second Evidence of this case shall be calculated as KRW 305,178,082,152,589,041.

Therefore, the Defendants jointly and severally agreed to KRW 305,178,082 and KRW 300 million from December 16, 2017, and Defendant A, D, and E.

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