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(영문) 서울서부지방법원 2015.12.02 2014가단23570
대여금
Text

1. The Plaintiff, the Defendant (Appointeds), and the designated parties jointly with the Defendant (Appointeds).

Reasons

1. Claim against the defendant

A. Determination as to the portion of the claim for reimbursement or loan (1) Plaintiff’s assertion (the primary ground for claim) ① The Defendant sought to borrow money from C through the Plaintiff’s introduction, but C refused to lend money to the Defendant without any security. Accordingly, on August 28, 2013, the Plaintiff borrowed KRW 30 million from C under the Defendant’s joint and several surety to assist and assist the Defendant, but the Defendant paid the Defendant a direct loan and interest thereon. The Defendant did not pay the above money to C, and C filed an application for auction on the Plaintiff’s building. The Plaintiff paid KRW 320,483,510 in sum with the loan and interest related to the loan. In order to cancel the auction, the Plaintiff was merely a joint and several surety, and the Plaintiff is merely a principal obligor, and the Plaintiff is not a joint and several surety, and the Plaintiff is not a joint and several surety, and there is no other evidence supporting the Plaintiff’s claim that the Plaintiff paid the above money to the Plaintiff as a joint and several surety, and thus, the Plaintiff is liable for reimbursement of KRW 3701 million.

Therefore, this part of the plaintiff's assertion is without merit.

3. In the absence of any dispute between the parties as to the claim for loans, or in full view of the purport of Gap evidence and the entire pleadings, the fact that the plaintiff lent KRW 30 million to the defendant on August 28, 2013 at the interest rate of 24% per annum, and the fact that the defendant did not pay interest from October 29, 2013 can be acknowledged.

Therefore, the Defendant’s interest rate of KRW 30 million and the agreed interest rate of KRW 24% per annum from October 29, 2013 to the date of full payment.

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