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(영문) 대구지방법원 2018.10.25 2016가합3007
대여금
Text

1. The Defendant shall pay 10 million won to the Plaintiff the annual rate of 15% from July 5, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statements in Gap evidence Nos. 1, 2, and 1 as to the cause of the claim, the plaintiff set a loan of KRW 290 million per month to C on September 27, 2006 and on November 30, 2006, with the interest rate of KRW 90 million per month and the due date for repayment as of November 30, 2006. On the same day, the defendant is recognized to have jointly and severally guaranteed the defendant's loan obligations of KRW 290 million against the plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 150 million, including the above KRW 290 million, which is the total of KRW 145 million, which is the principal of the above debt, and the remainder of KRW 140 million, excluding KRW 150,000,000,000, which is the principal of the above debt, and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 5, 2016 to the day on which the original copy of the payment order of this case is served, as requested by the plaintiff after the due date.

2. Judgment on the defendant's assertion

A. The summary of the defendant's assertion ① The certificate of loan (the certificate of loan No. 1; hereinafter referred to as the "certificate of loan of this case") stating the fact that the plaintiff's joint and several sureties claimed by the defendant does not specify the loan amount in the loan column and the defendant who believed the loan amount to be 50 million won and the statement of the plaintiff Eul as joint and several sureties signed and sealed it as a joint and several sureties, and then the loan amount is supplemented regardless of the defendant's intent. As such, the part of the loan certificate of this case exceeding the above 50 million won out of the loan amount of 290 million won, which is stated in the above loan certificate of this case, cannot be asserted

② At the time, the Defendant jointly and severally guaranteed the debt of the loan on condition that C, as the principal debtor, provides the Plaintiff with the building on the Daegu Dong-gu, Daegu-gu, and each of the above lands and buildings. The maximum debt amount of the Plaintiff’s each of the above real estate was KRW 70 million and the registration of creation of each of the adjoining mortgages of the causes of KRW 200 million on February 20, 2007

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