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(영문) 수원지방법원여주지원 2020.06.10 2019가단5804
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 72,440,00 and KRW 30,000 among them, from November 1, 2019.

Reasons

Judgment on the Grounds of Claim

A. The following facts are either in dispute between the parties or in accordance with Gap evidence 1, 2, Eul evidence 1 to 4, and the purport of the whole pleadings, and there is no counter-proof otherwise.

1) The Plaintiff, on June 29, 2015, paid KRW 40 million to Defendant C (hereinafter “the first loan”) and KRW 20 million on March 28, 2017 (hereinafter “the second loan”).

(2) On March 28, 2017, Defendant C agreed to reduce the interest rate of the first loan (30 million won) remaining between the Plaintiff and the Plaintiff on the same day by 18% per annum, while paying 10 million won out of the first loan to the Plaintiff on March 28, 2017.

3) On November 9, 2017, Defendant C, the spouse of Defendant C, jointly and severally guaranteed each of the above loans owed by Defendant C, and agreed with Defendant C to reduce the interest on the second loans to 21.6% per annum on November 30, 2019.

5) At the time when the Plaintiff filed the instant lawsuit against the Defendants, the period of repayment for each of the above loans was already over which the Plaintiff had already been due. (b) According to the above facts, the amount of the entire loans owed by Defendant C to the Plaintiff was KRW 72,440,00 as of October 31, 2019 sought by the Plaintiff (= = 20,000,000 the secondary borrowed principal of the first borrowed principal of KRW 30,000,000,000, which was unpaid until June 30, 2019, the total of interest on each of the above loans of KRW 19,200,000,000 from July 1, 2019 to October 31, 2019 x KRW 3,240,000 [the interest on each of the loans of KRW 11,80,000,000 x 204,000 x 2041.

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