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(영문) 전주지방법원 2016.04.20 2015가단25213
대여금
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 50,540,00 and the interest rate thereon from July 11, 2015 to the day of full payment.

Reasons

1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including the provisional number), the plaintiff loaned KRW 30 million to C on March 17, 2013, and agreed to receive KRW 36,340,000,000 each time from April 27, 2013 to 23 times each month, and the defendant jointly and severally guaranteed the defendant. The plaintiff received only KRW 15,80,000,00 and repaid the principal and interest of the agreement ( KRW 2,634,00,000,000) to 2,5440,000,000 won (including the provisional number) to 3,000,000 won, and separately recognized the fact that the plaintiff extended to C on February 10, 2014 to 3,360,000 won each month, and 3,5360,000 won each month.

According to the above facts of recognition, the defendant is jointly and severally liable with C to pay the plaintiff 50,540,000 won (20,540,000 won for the plaintiff) and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 11, 2015 to the date of full payment after the service of the original copy of the instant payment order.

2. The defendant's assertion that the defendant's defense was discharged in addition to the amount of reimbursement acknowledged by the plaintiff under Paragraph 1, but there is no evidence to acknowledge it.

Therefore, the defendant's defense of repayment is without merit.

3. Conclusion, the plaintiff's claim of this case is justified and accepted.

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