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(영문) 서울남부지방법원 2014.08.13 2013가단84272
대여금
Text

1. The Plaintiff:

A. Defendant C shall pay 34,00,000 won and 24% per annum from February 1, 2004 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in the statement No. 1 (including additional numbers), the Plaintiff loaned interest of KRW 2.4 million to E on March 27, 199, which was set at KRW 3 million per annum, and from around that time to November 28, 2003, the Plaintiff loaned KRW 50 million per annum to E, and it can be acknowledged that the Defendants jointly and severally guaranteed the borrowed money corresponding to each of the corresponding numbers. Thus, barring any special circumstance, the Plaintiff is jointly and severally liable to pay the above amount to the Plaintiff, KRW 34 million, Defendant B, and Defendant D, jointly and severally with Defendant C, with the Defendant, KRW 15 million, and the agreed interest thereon.

Defendant C4, 3,00,000 annual 24% on March 27, 1999, a joint and several surety, the due date of payment of the loan of which is 3,00,000 and 24% on June 27, 1999, and there is no Dong on August 28, 299, 5,000,000 or more on May 10, 200, 26, Defendant C4, which had no Dong on September 28, 200, 3,000 or more on September 3, 200, 200, and on December 5, 2000, No aggregate of Defendant C4,000 or more on July 4, 200, 200, and on June 30, 200, C08 and 3008, respectively.

B. Meanwhile, the Plaintiff asserted that Defendant B agreed to repay all of the above loan debt amounting to KRW 50 million with his own mother or took over the debt overlappingly around August 2004. However, each of the statements in Evidence Nos. 3, 4, 5, 8, 11 (including the serial number) is insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to acknowledge it. Thus, this part of the Plaintiff’s assertion is without merit.

2. Determination as to Defendant B and D’s defense of extinctive prescription

A. Defendant B and D claim that the statute of limitations has expired all the Plaintiff’s claims. As seen earlier, Defendant B and D’s obligations jointly and severally guaranteed by each of the Defendant B and D are obligations for which the statute of limitations has not been set. Thus, the statute of limitations is from the time when the Plaintiff’s claim, which is the time when the statute of limitations can be exercised, arose.

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