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Reasons
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(영문) 서울서부지방법원 2015.12.11 2015나1998
대여금
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1. All of the defendants' appeals are dismissed.

2. The costs of appeal are assessed against the Defendants.

purport, purport, and.

Reasons

1. Facts of recognition;

A. A. Around June 5, 2003, the Plaintiff leased KRW 7,000,000 to Defendant B by setting the maturity of KRW 30,000 on August 31, 2003 and interest monthly. Defendant C guaranteed the Defendant B’s obligation to the Plaintiff on November 2003.

B. On July 15, 2004, the Plaintiff filed a lawsuit against the Defendants as Seoul Central District Court 2004Gada17520, and sentenced that “the Defendants jointly and severally paid to the Plaintiff the amount of KRW 7,000,000 and interest calculated at the rate of 20% per annum from May 30, 2004 to the date of full payment,” and the above judgment was finalized on September 3, 2004.

C. Based on the above judgment on September 17, 2004, the Plaintiff filed an application for the seizure and auction of corporeal movables with the Seoul Southern District Court 2004No9871, and on November 22, 2004, the Plaintiff released the compulsory execution of the said movable property on January 27, 2005, with the Defendants paid KRW 3,00,000,000 respectively on January 28, 2005, and on January 28, 2005.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 9, 10, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, the Defendants jointly and severally paid 886,406 won of the principal of the loan remaining after payment to the Plaintiff on November 22, 2014 (=7,000,000 won x 177/365 x 20%) 1,321,096 won of the principal, ② 205,374 won of the principal (i.e., 678,678,904 won x 605% of the principal x 2086% of the principal amount x 2086% of the principal amount (i.e., 7, 2005 x 207, 2097, 2000 won of the principal amount) x 205,374 won of the principal amount (i.e., 208, 209 won of the principal amount) x 2098% of the interest amount of the x 20788.208% of the principal amount of the ;

3. The defendants' assertion.

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