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(영문) 서울동부지방법원 2018.10.30 2017가단119913
대여금
Text

1. The Defendant’s KRW 18,349,712 as well as the Plaintiff’s annual rate from August 11, 2017 to October 30, 2018, and the following.

Reasons

1. Basic facts

A. C and D, the Defendant, on September 20, 2010, drafted a notarial deed of promissory notes, the payment date of which is 195,000,000 won, and the payment date of which is the date of sight, on the Plaintiff’s joint issuer.

(hereinafter referred to as the “instant Promissory Notes”). B.

On October 22, 2010, the Plaintiff, as the claim amount, received the Defendant’s wage claim and collection order under Seoul Eastern District Court 2010TTT18949, and issued the Defendant’s wage claim and collection order under the same court 2010TT24713, Dec. 20, 2010, respectively.

C. According to the instant court’s order for seizure and collection of claim 2010 other 15,521,221, around August 25, 2011; KRW 12,755,739, around March 22, 2012; KRW 14,054,552, around September 27, 2012; KRW 43,581,898 (= KRW 15,208,020) around March 28, 2013; KRW 28,373,878; KRW 61,50,261; KRW 376; KRW 13,376; KRW 30,3416; KRW 16,5316; KRW 5381; KRW 208; and the Plaintiff filed an objection to distribution with the competent court around March 31, 2015; and the Plaintiff filed an objection to distribution against each of the said KRW 197818,2197.28.218

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4 (including additional numbers), Eul evidence 5 to 10, significant facts in this court, and the purport of the whole pleadings.

2. While the Plaintiff’s assertion was engaged in credit business under the name of F, on May 30, 2010, the Plaintiff leased KRW 150,000 to C at an interest rate of 36% per annum and the due date of payment on May 30, 2012. D and the Defendant jointly and severally guaranteed the Plaintiff’s debt to C.

The Plaintiff was issued the Promissory Notes from C, D, and the Defendant to secure the above loan claims.

Therefore, the Defendant shall pay the Plaintiff the amount that C and the Defendant repaid from the principal and interest of the loan claim, which is the underlying claim for the Promissory Notes, to the Plaintiff, in the order of expenses and interest.

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