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(영문) 서울서부지방법원 2016.07.14 2015가합38675
차용금 청구의 소
Text

1. The defendant D, E, and F are jointly and severally liable;

A. As to Plaintiff A’s KRW 210,000,000 and its KRW 80,000,000.

Reasons

1. Determination as to the plaintiffs' claims against defendant D, E, and F

A. Determination on the cause of the claim 1) Defendant D Co., Ltd. (hereinafter “Defendant D”) with the funds for construction of a new house, such as Pyeongtaek-si land around September 5, 2012 by the Plaintiffs as the funds for construction of a new house.

(1) Each of the above loans of KRW 80,000,000 by the Plaintiff A, KRW 100,000,000 by the Plaintiff B, and KRW 150,000,000 by the Plaintiff C (hereinafter referred to as the “each of the above loans by the Plaintiffs”) is agreed with 30% per annum on each of the above loans by the Plaintiffs.

(2) In addition, Plaintiff A additionally lent KRW 100 million to Defendant D on September 10, 2012, and KRW 30 million on January 21, 2013 (hereinafter “each additional loan of this case”).

(2) Meanwhile, Defendant D agreed on July 21, 2013 with the Plaintiffs for the full repayment period of each of the above loans to Defendant D’s Plaintiffs as of January 21, 2013, and damages for delay as of 30% per annum. Defendant F and E jointly guaranteed each of the above loans to Defendant D’s Plaintiffs by the Plaintiffs, Defendant D and F, according to the overall purport of Gap’s evidence Nos. 4, 7, and evidence Nos. 6-1 through 4, and all of the arguments and arguments, the agreement is deemed to have been led by Defendant E under Article 150 of the Civil Procedure Act. According to the above recognition facts, the agreement between the Plaintiffs and the Defendant E is deemed to have been led to the confession of the interest rate of KRW 1,000,000,000 per annum from the following day to KRW 2,150,000 per annum, and KRW 2,100,000,000 per annum from September 8, 2012.

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