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(영문) 서울남부지방법원 2016.08.10 2016가단204886
대여금
Text

1. The Plaintiff:

A. Defendant B shall have full payment of KRW 93,00,000 and KRW 85,00,000 among them from February 15, 2016.

Reasons

1. Basic facts

A. On July 23, 2010, the Plaintiff lent KRW 45,000,000 to Defendant B at interest rate of 24% per annum, and again, on August 10, 2010, leased KRW 40,000,000 at interest rate of 24% per annum.

In addition, the Plaintiff remitted KRW 8,000,000 to the Defendant.

B. Meanwhile, Defendant C, the wife of Defendant B, signed on August 10, 2010, and entered his resident registration number and telephone number.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties’ assertion that the Plaintiff loaned KRW 93,00,000 to Defendant B at a rate of 24% per annum. Defendant C has jointly and severally guaranteed KRW 40,000,000 among the above money. Defendant C merely signed the certificate of KRW 40,000 on behalf of the Defendant B, and thus, did not bear the above loan obligation.

3. Determination as to the cause of action

A. As long as the authenticity of a dispositive document is recognized, the court must recognize the existence and content of the declaration of intent as stated in the dispositive document, unless there is any clear and acceptable counter-proof to deny its content.

(See Supreme Court Decision 93Da55456 delivered on October 11, 1994, etc.). B.

According to the above basic facts, barring any special circumstance, Defendant B pays to the Plaintiff the amount of KRW 93,00,000 and KRW 85,000 among the loans, KRW 24% per annum from February 15, 2016 to the date following the delivery of a copy of the complaint in this case, and KRW 8,00,00 among the above amounts, KRW 5% per annum from February 15, 2016 to August 10, 2016, which is the date of the pronouncement of the complaint in this case, and KRW 15% per annum from the following day to the date of the full payment. ② Defendant C is a surety for KRW 40,000,000 and jointly with Defendant B for the above amount of KRW 40,000 and KRW 8,000, the delivery of the complaint in this case and the following day shall be made.

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