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(영문) 서울중앙지방법원 2015.09.15 2015가단5013402
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 25,834,083 as well as 25% per annum from March 3, 2015 to the date of full payment.

Reasons

1. Determination

A. On August 19, 2013, Defendant A and Hyundai 11.5 tons truck (hereinafter “instant vehicle”) are the Plaintiff and Hyundai 13 tons truck on August 19, 2013.

(3) In order to purchase 80,000 won, 80,000 won was borrowed at a rate of 25% per annum. A loan contract was concluded with the purport of equal repayment of principal and interest, and Defendant B guaranteed the above debt within the scope of 128,00,000 won within the maximum guarantee amount of 128,000,00 won. (2) Defendant A did not pay the debt under the above paragraph (1) and the benefit of time was lost as of March 2, 2015. (3) On the other hand, the Plaintiff was repaid KRW 43,291,648 out of the loan claims under the above paragraph (1) of Article 208 of the Civil Procedure Act [Defendant A]’s judgment by service (Article 208(3)3 of the Civil Procedure Act) / [Article 208(1)1, A2, and A3 of the evidence and the purport of the entire pleadings as a whole.

B. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally pay to the Plaintiff 25,834,083 won and damages for delay calculated by the rate of 25% per annum from March 3, 2015 to the date of full payment. Defendant B is obligated to pay within the limit of KRW 128,00,000, which is the maximum amount of guarantee.

C. As to Defendant B’s assertion, Defendant B asserts that the aforementioned amount should be deducted since he returned the instant vehicle and paid KRW 43,291,648 to the Plaintiff.

However, as seen earlier, the Plaintiff received KRW 43,291,648 from the Defendant and amended the purport of the claim by reducing the amount of the claim, and thus, Defendant B’s assertion is without merit.

2. The plaintiff's claim of this case against the defendants is justified.

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