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(영문) 전주지방법원군산지원 2016.08.30 2015가단7782
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from February 1, 2014 to the date of full payment.

Reasons

According to the overall purport of Gap evidence Nos. 1 and 2-1 through 4, it is recognized that defendant B borrowed 50,000,000 from the plaintiff on December 30, 201 as interest rate of 12% per annum and due date of payment on December 29, 2012, and that defendant C, D, and E guaranteed the above loan obligation against the plaintiff, respectively, and the plaintiff was paid interest and delay damages from defendant B until February 1, 2014.

Therefore, the Defendants are jointly obligated to pay to the Plaintiff 50,000,000 won and damages for delay calculated by the rate of 12% per annum from February 1, 2014 to the date of full payment, which is the following day after the agreement is reached between the Plaintiff and the Plaintiff.

The Plaintiff is jointly and severally liable for payment of the above amount. However, it is not sufficient to view that Defendant C, D, and E agreed to guarantee the debt of Defendant B by simply guaranteeing the debt of Defendant B, and there is no other evidence to prove that Defendant C, D, and E guaranteed the debt of Defendant B by jointly and severally.

Therefore, among the claims in this case, the part that seeks to jointly pay the above borrowed money to the Defendants is without merit.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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