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(영문) 서울북부지방법원 2020.05.14 2019가단9658
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest thereon from June 2, 2001 to the day of complete payment.

Reasons

1. According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff filed a lawsuit against the defendants and D, stating that "the plaintiff lent 50 million won to D on December 2, 1997 with 30% per annum of June 30, 1998, and the defendants jointly and severally guaranteed the above D's obligations, "The defendant and D shall jointly and severally pay 50 million won and 30% per annum of 10% per annum to the plaintiff from February 1, 1998 to the date of complete payment." The plaintiff filed a lawsuit against the above defendants and D with 30% per annum of 80,000 won per annum of 10,000 won per annum of 30,000,000 won per annum of 10,000 won per annum of 30,000 won per annum of the above case, and the above court did not file a lawsuit with the above court's judgment of the court for compulsory auction as 30,000,00 won.

2. Determination as to the cause of action

A. According to the above facts of recognition, the plaintiff received dividends of KRW 50 million through a compulsory auction for real estate owned by the defendant B, and the above money is paid in accordance with Article 479 of the Civil Act. The above money is about KRW 50 million among the principal and interest of the debt under the final judgment of this case pursuant to Article 479 of the Civil Act.

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