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(영문) 대전지방법원 2019.07.18 2017가단218724
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the period from January 18, 2012 to November 15, 2018.

Reasons

1.In borrowing the above amounts of 20,000,000 Won (20,000,000) on a receipt of the underlying facts, the following arrangements shall be made:

A month shall be paid every five months for the principal of 4 million won.

Provided, That it shall pay 60,000 won per ten days interest and shall pay 9% of the balance of the principal every ten days and shall borrow the above amount.

Defendant E, a joint and several surety of Defendant B, the borrower on August 4, 2011

A. On August 4, 2011, the Plaintiff: (a) from the Defendants, the loan certificate No. 1-1, and hereinafter referred to as “the loan certificate as of August 4, 201” with the following content as follows.

(1) Upon receipt of the foregoing date, the Defendant B transferred 20 million won to the Defendant B’s account on the same day. The following arrangements are made in borrowing 30,000,000 won in full from the borrowed amount (30,000,000).

Every month, the principal shall be paid for five months in the amount of the principal.

Provided, That the foregoing amount shall be borrowed to pay 90,000 won per ten days interest and to pay 9% of the balance of the principal every ten days.

Defendant E, a joint and several surety of Defendant B, a borrower on August 17, 2011

B. On August 17, 2011, the Plaintiff issued a loan certificate No. 1-2 and 1-2 as follows from the Defendants on August 17, 201:

8.4. The loan certificate of this case in combination with the loan certificate of this case is "each of the loan certificates of this case"

on August 18, 201, on the same day, the amount of KRW 10 million to the account of Nonparty F, and on the following day, the amount of KRW 19 million to the account of Defendant B on August 18, 201. [Grounds for recognition] There is no dispute, Party A’s evidence 1 and 2 (including each number of serial numbers; hereinafter the same shall apply).

No. 1 and the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, as stated in each of the loan certificates in this case, Defendant B borrowed KRW 50 million from the Plaintiff and Defendant C and D jointly and severally guaranteed Defendant C and D’s debt. Thus, the Defendants jointly and severally seek the Plaintiff the loan amount of KRW 50 million and the Plaintiff’s claim against the loan amount of KRW 50 million.

8. The date following the end of the principal stated in the loan certificate of 17.17. The due date (from August 17, 201 to January 17, 201) shall be the following day.

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