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(영문) 부산지방법원 2016.10.11 2016가단41865
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 20,000,000 and the same from July 12, 2006 to the day of complete payment.

Reasons

1. The Defendants, based on the facts, provided the Plaintiff with the following loan certificates and cash custody certificates. A.

The defendant B borrowed KRW 1,500,000 on August 30, 2002. The defendant B borrowed KRW 1,500,000 per month until April 30, 2004, and the defendant C guaranteed it.

B. Defendant B received cash custody certificate (Evidence A 3) from the custody of KRW 15,00,000 on February 11, 2003 and repaid until July 11, 2003.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendants are jointly and severally liable to the plaintiff 1. A.

According to the certificate No. 1 of 24% per annum from July 12, 2006 to the date of full payment, the loan No. 20,000,000 won and the loan No. 1 of 20,000 per annum from July 12, 2006 to the date of full payment, the loan No. 1 of 20,000 won and interest were to be paid for 20,000 won for 20 months, which exceeds 24% per annum claimed by the Plaintiff.

Defendant B is liable to pay damages for delay in accordance with the agreed interest rate, and the above 1.B.

As the Plaintiff seeks, 15,00,000 won for loans under this paragraph and 15% interest per annum under the Civil Act from July 12, 2006 to October 11, 2016, which is the date of this decision, and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The plaintiff above 1.B.

The Plaintiff claimed damages for delay at the rate of 24% per annum for the loan 15,000,000 won under paragraph (1). However, there is no evidence to prove that the Plaintiff agreed to receive the interest of the Plaintiff on the above loan between Defendant B and Defendant B. Thus, the remainder of the claim against Defendant B exceeding the above scope of recognition is without merit.

B. Defendant B, the above 1.A

The loan amounting to KRW 20,000,000 is the money related to the high saw, and it is also claimed as illegal consideration.

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