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(영문) 대구지방법원김천지원 2016.08.18 2016가단857
대여금
Text

1. Defendant C and D shall jointly and severally serve as the conjunctive Plaintiff 20 million won and as from April 14, 2015 to April 19, 2016.

Reasons

Preliminary Plaintiff borrowed money to Defendant C and D on August 1, 2012, and transferred 100 million won to Defendant F’s account, Defendant C and D’s parent, under the name of the primary son, with respect to the maximum debt amount of 1229 square meters for Defendant E-owned G G G G G major, Defendant E, and the debtor’s right to collateral security was established on August 9, 2012.

(A) At the date of the closing of argument of the conjunctive Plaintiff, Defendant E provided the said land as collateral for Defendant C and D’s obligations. After the preliminary Plaintiff, Defendant C and D additionally lent KRW 200 million to Defendant C and D, and Defendant C and D paid KRW 200 million to the preliminary Defendant for the repayment of the principal and interest on loans of KRW 300 million, and on April 14, 2015, Defendant C and D made the preliminary Plaintiff as Defendant C, and the guarantor as Defendant D; the principal shall be KRW 200 million; the interest shall be borrowed regularly, and the interest shall be KRW 100 million, among the total amount borrowed prior to the date of the deposit, KRW 300 million,00,000,000,000, KRW 300,000,000,000 shall be paid.

(A) Accordingly, Defendant C and D are jointly and severally liable to pay to the conjunctive Plaintiff 20 million won, 24% per annum from April 14, 2015 to April 19, 2016, and 15% per annum from the next day to the day of full payment. The primary Plaintiff, Defendant E, and F are not parties to the above monetary lending and borrowing, and therefore their claims against the primary Plaintiff and claims against Defendant E and F are without merit.

Therefore, the plaintiff's claim against the conjunctive defendant C and D is accepted, and each claim against the primary plaintiff and each claim against defendant E and F are dismissed. It is so decided as per Disposition.

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