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(영문) 대전지방법원천안지원 2016.11.30 2016가단109099
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 38,00,000 and Defendant B with full payment from October 6, 2016.

Reasons

1. Basic facts

A. Defendant B made up for losses to the Plaintiff through a transaction through the Plaintiff’s foreign exchange transaction account. Defendant B made up for the amount to be repaid at KRW 50,00,000, and made up for the amount to be repaid at KRW 50,000 on January 15, 2016 a written agreement on the performance of the obligation to borrow KRW 50,00,000 to the Plaintiff on July 14, 2016, the interest rate of KRW 4%, and the interest payment date of KRW 15,00 to the Plaintiff on July 15, 2016, and Defendant C guaranteed the above loan obligation of Defendant B.

B. After that, Defendant C remitted to the Plaintiff KRW 2,00,000 on January 15, 2016, KRW 5,000,000 on January 19, 2016, KRW 15,80,000 on January 28, 2016, KRW 1,200,00 on March 30, 2016, KRW 1,200,000 on March 30, 2016, KRW 60,00 on May 9, 2016, KRW 60,000 on May 11, 2016, KRW 15,000 on June 9, 2016, KRW 15,800,000 on the aggregate.

【Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: The fact that there is no dispute, Gap evidence 1, Eul evidence 2, and the purport of whole pleadings

2. Determination:

A. On January 15, 2016, the Plaintiff asserted that the Plaintiff lent KRW 50,000,000 to Defendant B with the guarantee of Defendant C as interest rate of KRW 4%. Defendant C paid only the principal amount of KRW 10,000,000 among the above loans and interest rate of KRW 10,000 on January 19, 2016 and January 28, 2016.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 40,000,000 (=50,000,000 - 10,000,000) and damages for delay from the day following the delivery of the original copy of payment order.

B. Determination 1 as to the claim against Defendant C on the establishment of the obligation to pay the borrowed amount, according to the fact of the above recognition, if the amount that Defendant C paid to the Plaintiff is calculated according to the details of satisfaction of the obligation indicated in the table of satisfaction of performance (the agreed interest rate between the Plaintiff and the Defendants exceeds the Interest Limitation Act, so the interest rate shall be calculated as 25%, which is the limitation

On the other hand, January 19, 2016, when the Plaintiff was paid principal among the instant loans, the Plaintiff on January 5, 2016.

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