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(영문) 대구지방법원영덕지원 2020.07.16 2018가합10090
대여금청구
Text

1. The Plaintiff, Defendant B’s KRW 323,30,000, and the annual amount of KRW 5% from April 23, 2020 to July 16, 2020, and the following.

Reasons

1. Facts of recognition;

A. From June 1, 2017 to October 27, 2017, Defendant B borrowed KRW 603,750,000 from the Plaintiff by account transfer as shown in attached Table 1, as between June 1, 201 and October 27, 2017.

B. Defendant C agreed to jointly and severally pay KRW 7,80,000 out of the above money at the time of borrowing the money set forth in No. 85 of the annexed Loan No. 1 from the Plaintiff.

C. From June 2, 2017 to November 18, 2017, Defendant B repaid to the Plaintiff a total of KRW 280,420,00 as shown in the attached Table 2, as between June 2, 201 and November 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 8, 9, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any other circumstances, Defendant B is obligated to pay 323,330,000 won loan (=603,750,000 won - 280,420,000 won) and as the Plaintiff seeks, 5% per annum under the Civil Act from April 17, 2020 to July 16, 2020, the day after the application for alteration of the purport of claim and the cause of claim was served on Defendant B, and 12% per annum from the following day to the day of full payment, to the day of full payment, and 12% per annum from the following day to the day of full payment; Defendant C is jointly and severally obligated to pay the agreed amount to 603,780,000,0000 won per annum from the above amount to the day of full payment; and Defendant C is jointly and severally obligated to pay 201,2017.

3. Judgment on the defendants' assertion

A. Defendant B asserted to the effect that only the Plaintiff remains liable for approximately KRW 100,000,000 and that the remainder was repaid, but there is no evidence to acknowledge this.

Therefore, Defendant B’s above assertion is without merit.

(b).

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