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(영문) 서울동부지방법원 2017.09.14 2016가합108937
대여금
Text

1. The Plaintiff:

A. Defendant C shall be KRW 314,250,00 and 30% per annum from April 1, 2012 to the date of full payment.

Reasons

In fact, the Plaintiff lent money to E twice as shown in the following table:

(2) On October 17, 201, the Defendants jointly and severally guaranteed the first loan debt of E on December 31, 201, the amount of the loan from the date of maturity of the interest rate on the first loan from the date of maturity of the loan from October 17, 201, the first loan from the date of maturity of the interest rate (50,000,000 per annum 30% per annum) and the last day of December 31, 2011, the second loan from the last day of November 17, 2011, the Defendants jointly and severally guaranteed the first loan from E on October 17, 201. The Defendants C (the former name: D; hereinafter “C”) jointly and severally guaranteed the obligation of the instant loan from the Defendant C (only hereinafter “C”) on November 17, 2011.

E repaid KRW 48 million to the Plaintiff on March 2012, 2012, while the Plaintiff spent KRW 12,250,000 to the interest accrued up to that point, and KRW 35,750,00 to the principal of the instant second loan.

[Ground for recognition] According to the facts stated in Gap evidence Nos. 1 and 5 above, defendant C is a joint and several surety of the loan Nos. 1 and 2 of this case, and is obligated to pay to the plaintiff the interest calculated at a rate of 30% per annum from April 1, 2012 to the date of full payment, and as a joint and several surety of the loan No. 1 of this case, the sum of the principal amount of the loan No. 2 of the loan No. 1 of this case and the second loan No. 314,250,000 [= KRW 164,250,000 (= KRW 200,000 - KRW 35,750,000)] and the interest calculated at a rate of 150,000 per annum from April 1, 2012 to the date of full payment. Defendant C is a joint and several surety of the loan No. 1 of this case and jointly with defendant C of this case to the plaintiff.

Therefore, all of the plaintiff's claims shall be accepted, and it is so decided as per Disposition.

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