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(영문) 부산지방법원 2017.05.18 2016가단351463
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 200,000,000 as well as 24% per annum from June 11, 2016 to the date of full payment.

Reasons

1. Defendant B claimed against Defendant B borrowed KRW 200 million from the Plaintiff on April 10, 2017 at the time of repayment, and the interest rate shall be 2% until October 10, 2015, and 2.5% from the next day. The fact that Defendant B did not pay the agreed interest after June 11, 2016 is no dispute between the parties.

Thus, Defendant B is obligated to pay to the Plaintiff the interest rate of 24% per annum as agreed upon by the Plaintiff within the scope of the Interest Limitation Act from June 11, 2016 to the date of full payment.

2. The Plaintiff asserted that Defendant C, the wife of Defendant B, had a joint and several surety for the above loan obligation against the Plaintiff, and that Defendant C also has a joint and several obligation to repay the above loan amount with Defendant B.

The evidence Nos. 1 and 1 of the loan certificate contains the name of the defendant C in the joint guarantor column of the loan certificate stating that "the rent amount is KRW 200 million, the loan date is KRW 40 million, April 10, 2017, and the loan interest is KRW 200,000,000 until October 10, 2015, and the loan interest is paid KRW 2.5,00,00,000 from November 10, 2015." However, since there is no evidence to acknowledge the establishment of the authenticity of the name portion of the defendant C among the evidence Nos. 1 of the loan certificate (certificate), the evidence of the plaintiff cannot be used as evidence of the plaintiff's assertion, and the testimony of the witness Nos. 6 of the loan certificate and the witness D alone is insufficient to recognize that the defendant C guaranteed the loan obligation to the plaintiff, and there is no other evidence to acknowledge it otherwise.

3. The plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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