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(영문) 제주지방법원 2019.08.12 2018가단7305
대여금등
Text

1. Defendant F shall pay 120,000,000 won to the Plaintiff and 24% per annum from June 1, 2012 to the date of full payment.

Reasons

1. The Plaintiff asserted that “the Plaintiff, on February 14, 2012, determined KRW 120,000,000 to Defendant Company B (hereinafter “Defendant Company B”) as the due date for payment on May 31, 2012, and the interest for delay, and Defendant F guaranteed the Defendant Company’s above obligation.” The Defendant F is deemed to have led to confession under Article 150 of the Civil Procedure Act.

Thus, Defendant F is obligated to pay the Plaintiff interest in arrears calculated by the rate of 24% per annum, which is the maximum interest rate under the Interest Limitation Act, the Plaintiff’s interest rate from June 1, 2012 to the day following the due date for payment of the above loan 120,000,000 won and the following day.

b. Claim against the Defendant Company, C, D, E, and G

A. The following facts are acknowledged in light of the respective descriptions of Gap evidence Nos. 1 and 2 and the purport of the whole pleadings.

On February 12, 2012, the Defendant Company drafted and delivered to the Plaintiff a certificate of borrowing that “The Plaintiff borrowed KRW 155,000,000 from the Plaintiff as of May 31, 2012 and as at May 51, 2012.”

Defendant C, D, E, and G have signed and sealed the above loan certificate as a joint guarantor.

On February 14, 2012, the Plaintiff transferred KRW 120,000,00 to the bank account of the Defendant Company.

B. On February 14, 2012, the Plaintiff asserted that the Defendant Company lent KRW 120,000,000 to the Defendant Company for the foregoing reasons, and accordingly, the Defendant Company, C, D, E, and G (hereinafter collectively referred to as “Defendant Company, etc.”).

The above loan certificate was prepared, or the plaintiff did not lend money accordingly, and thus, the loan certificate became null and void. On February 14, 2012, the money transferred by the plaintiff to the defendant company was transferred to the defendant company to the defendant company by the plaintiff to the defendant F at the time of construction of the building on the ground of the land located in Seopopo City H, Seopo-si, the plaintiff had been running with the defendant F, and was paid as the construction cost. This part of the argument by the defendant company et al. is a defense.

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