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(영문) 울산지방법원 2016.10.21 2016가단5312
대여금
Text

1. As to the Plaintiff’s KRW 40,000,00 and KRW 10,000,00 among them, Defendant B and C shall jointly and severally serve as the Plaintiff from January 10, 2015 to June 20, 2016.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B and C lent money to Defendant B under the following agreement, and Defendant C, at the time, was jointly and severally guaranteed as to the above loan obligation for consumption:

(2) On December 19, 2015, the Defendants paid KRW 1.5% per annum 18,000,000 per annum 18,000,000 on December 19, 2014 (the 1.5% per annum) (the 1.5% per annum) and KRW 1.5% per annum (the 1.5% per annum) on January 20, 2015 (the 1.5% per annum) on December 30, 2015, to the Plaintiff up to 1.5% per annum 20,000,000,000 per annum 18,00,000,000 per annum 18,00,000,000 on May 18, 2016 (the 20,005% per annum).

(3) Meanwhile, the Plaintiff received KRW 30 million from Defendant B around August 29, 2016, which was after the instant lawsuit was filed.

(4) At the time between Defendant B and the Plaintiff, the Plaintiff paid 30 million won as above to the principal debt of the instant first-use loan, but calculated the interest of 1,200,000 won among the first-use loan debt of this case that occurred up to that time, the Plaintiff calculated the interest of 5,80,000 won as to the instant first-use loan debt of this case, and Defendant B again paid the interest of 1,50,000 won as to the said interest debt of this case, and agreed to pay the Plaintiff money equivalent thereto by December 2, 2016.

B. On April 2, 2010, the Plaintiff lent KRW 30 million to Defendant D on money transaction with Defendant D, E, and F. At the time, Defendant E, and F jointly and severally guaranteed the above loan obligation against Defendant D.

(2) Afterwards, when the Plaintiff was unable to receive the above loan from the said Defendants, the Plaintiff urged payment. The Plaintiff, around April 30, 2015, calculated the existing loan amounting to KRW 30 million and the interest accrued therefrom from April 30, 2010 with Defendant E, and agreed to repay the loan amounting to KRW 70 million in total from the Plaintiff by July 30, 2015, and Defendant D and F.

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