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(영문) 전주지방법원 2016.11.02 2016가단1047
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,000,000 and KRW 10,000 among them, from February 11, 2013 to 20,000.

Reasons

1. The Plaintiff, in fact, lent money to Defendant B as indicated in the table below, and Defendant C, the spouse of Defendant B, jointly and severally guaranteed the Defendant B’s obligation for loans set forth in the table Nos. 1 and 2 below.

On January 16, 2013, the joint and several liability payment period for the debtor's joint and several liability payment period of the date of lease 1, 2013, KRW 10,000,000,000 for Defendant C on February 10, 2013, Defendant C2, January 30, 2013, KRW 20,000,000,000 on March 30, 2013, Defendant C3, April 10, 2013, without dispute over the aggregate of KRW 38,00,000 on April 30, 2014, KRW 1-2, and 3, and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff the total amount of 30 million won and the total amount of 10 million won as stated in the No. 1 and No. 2 of the above Table, from February 11, 2013 on the date following the due date for payment, to 5% per annum (Civil Act) from March 31, 2013 on the day following the due date until December 23, 2015 (the delivery date of the authentic copy of the instant payment order), and damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment (the date of delivery of the authentic copy of the instant payment order) until the date of full payment. Defendant B is jointly and severally obligated to pay to the Plaintiff damages for delay calculated at the rate of 30 million won and damages for delay from May 15, 2014 to the date following the due date of full payment.

3. Judgment on the defendants' assertion

A. The Defendants asserted that: (a) the Plaintiff paid KRW 2 million on March 5, 2013; (b) KRW 10 million on April 19, 2014; and (c) KRW 3.2 million on July 13, 2015.

According to the statement in Eul evidence No. 4, Defendant B transferred to the Plaintiff KRW 2 million on March 5, 2013, KRW 10 million on April 19, 2014, and KRW 3.2 million on July 13, 2015.

However, the following are revealed by adding up the whole purport of the pleadings to the statements in Gap's 3, 5, and Gap's 4-1 and 2.

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