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(영문) 광주지방법원목포지원 2014.11.27 2014가단2462
대여금
Text

1. Defendant B pays KRW 22,329,409 to the Plaintiff.

2. The plaintiff's remaining claims against the defendant B and the defendant C.

Reasons

1. On December 29, 2004, the Plaintiff loaned KRW 30,000,00 to Defendant B on June 29, 2005 and at 1.2% of interest per annum (14.4%) (hereinafter “instant loan”). Defendant C guaranteed Defendant B’s obligation for the instant loan to the Plaintiff on the same day (hereinafter “instant guarantee”).

[Reasons for Recognition] Gap evidence No. 1

2. The parties' assertion

A. The Plaintiff sought payment of the same money as stated in the purport of the claim from June 30, 2005, which is the day following the due date for payment for the loans of this case 30,000,000 won and the damages for delay from June 30, 2005.

B. Defendant C paid to the Plaintiff both KRW 30,00,000 of the loan principal of this case over two occasions, and the Plaintiff exempted Defendant C from the interest liability, and thus, the loan obligation of this case was fully repaid and extinguished.

3. Determination as to the claim against Defendant C

A. According to the statements in the evidence evidence Nos. 1 through 5, Defendant C paid KRW 20,000,000 to the Plaintiff as part of the principal of the instant loan on April 16, 2010, and KRW 30,000,000,000 on May 28, 2011. At the time, the Plaintiff exempted Defendant C from the payment of the interest (including delay damages) on the guaranteed debt of this case.

According to the above facts, the Plaintiff’s guarantee claim on the instant loan against Defendant C had already been extinguished due to the Plaintiff’s declaration of exemption from interest (including delay damages) and the Defendant C’s principal repayment of KRW 30,000,000.

I would like to say.

B. In addition to the instant loan claims, the Plaintiff lent to Defendant C or Defendant B KRW 30,000,000 (interest rate of 1.7% per month, obligor on the loan certificate: Defendant B and surety: D) and KRW 35,000,000 on August 19, 2003 (interest rate of 1.7% per month, obligor on the loan certificate: Defendant B and surety: surety: Defendant B and surety: D), etc. (hereinafter “other loans”). The above amount of KRW 30,00,000 repaid by Defendant C out of the case.

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