logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.10.15 2015가합754
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 300,000,000 as well as 25% per annum from March 10, 2012 to the date of full payment.

Reasons

1. On February 10, 2012, the Plaintiff: (a) lent KRW 300,000,000 to Defendant B with interest rate of KRW 48% per annum; and (b) on April 10, 2012, Defendant C guaranteed the instant loan obligations within the limit of KRW 300,000,000; and (c) on the same day, the Plaintiff and the Defendants drafted a loan certificate (Evidence 1) that includes the interest rate of the instant loan, the due date, and the joint and several sureties, etc.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (this is based on the seals of defendant Nos. 1 and 3) and the purport of the entire pleadings, since there is no dispute between the parties that the seals affixed by defendant Nos. 1 and 3 are based on the seals of defendant No. 2, the authenticity of the entire document is presumed to have been established. The defendant Nos. 1 and 3 were forged by defendant No. 3 who had been in custody of defendant Nos. 1 and 3 at the time of the pleading

2. According to the facts acknowledged prior to the determination as to the claim against Defendant B, Defendant B, as the principal debtor of the instant loan obligation, is obligated to pay to the Plaintiff interest and delay damages calculated by the rate of 25% per annum, which is the interest rate within the scope of the Interest Limitation Act, from March 10, 2012 to the date of full payment, as claimed by the Plaintiff.

3. According to the facts acknowledged prior to the determination of the claim against Defendant C, Defendant C is a joint and several surety for the instant loan obligation, and is jointly and severally with Defendant B, ordered to the Plaintiff.

An obligation to pay KRW 300,000,000, out of the amounts described in the subsection, which is the guarantee limit amount.

4. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

arrow