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(영문) 창원지방법원거창지원 2016.03.22 2015가단2299
대여금등
Text

1. Defendant C shall pay 30,000,000 won to the Plaintiff and 24% per annum from September 1, 2015 to the day of complete payment.

Reasons

1. Determination as to the claim against Defendant C

A. In full view of the facts that there is no dispute between the parties as to the cause of the claim and the facts stated in Gap evidence Nos. 1, 2, and Eul evidence No. 1, the plaintiff may recognize that the plaintiff lent KRW 30,000,000 to the defendant C on July 14, 2009 with the interest rate of KRW 2% per month and January 15, 201.

Therefore, Defendant C, barring any special circumstance, is obligated to pay to the Plaintiff the amount of KRW 30,00,000 and damages for delay calculated at the rate of 24% per annum from September 1, 2015 to the date of full payment as agreed upon by the Plaintiff after the above loan date.

B. As to Defendant C’s defense, Defendant C exempted the Plaintiff from interest on the first order of 2010, and extended the payment period of KRW 30,000,000 to make installment payments of KRW 500,000 per month, and accordingly, Defendant C repaid the Plaintiff the principal amount of KRW 28,00,000 to the Plaintiff.

However, the evidence presented by Defendant C alone exempted the Plaintiff from the interest on the above loan claim against Defendant C.

It is not enough to recognize that the repayment period was extended so that the principal of the loan can be repaid in installments.

Meanwhile, there was no dispute between the parties that the Plaintiff received KRW 28,00,000 from Defendant C after the lease, but the said money seems to have been partially appropriated for part of KRW 44,186,301 in total for interest and delay damages from July 14, 2009 to August 31, 2015 (=30,000,000 x 24/100 x 24/100 x 2,240 days/365 x less than KRW).

Therefore, Defendant C’s above defense cannot be accepted.

2. Determination as to the claim against Defendant D

A. Defendant D, on July 14, 2009, jointly and severally guaranteed the obligation to borrow KRW 30,000,000 from the Plaintiff at the time when Defendant C borrowed from the Plaintiff.

B. Comprehensively taking account of the overall purport of the argument in the statement No. 1, Defendant C’s joint and several surety at the time of borrowing money from the Plaintiff around January 15, 2009.

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