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(영문) 수원지방법원 2015.05.20 2014가단48022
대여금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and the Defendant’s night from August 1, 2014 to September 2014.

Reasons

1. Basic facts

A. On March 6, 2007, the Plaintiff remitted KRW 22 million to Defendant B, and KRW 6 million on May 22, 2009, respectively. On December 11, 2008, the Plaintiff transferred KRW 11 million to Defendant B from the Plaintiff’s husband’s account to Defendant B, and on January 19, 2012, remitted KRW 20 million to E’s account.

B. On March 31, 2008, Defendant B settled the amount of the previous debt amount of KRW 20 million against the Plaintiff as KRW 20 million, prepared a loan certificate stating the due date as October 31, 2008 and delivered it to the Plaintiff. In other words, on October 30, 2008, Defendant B determined the due date as KRW 20 million and the due date as KRW 60 million after six months, and issued to the Plaintiff a loan certificate stating that the interest calculated as KRW 3 per month (600,000) is to be paid to the said money.

C. In other words, on March 28, 2014, Defendant B prepared and delivered to the Plaintiff a loan certificate stating that the Plaintiff will repay the loan amount of KRW 40 million by July 31, 2014, and Defendant C guaranteed the Defendant B’s obligation to the Plaintiff based on the said loan certificate.

[Ground of Recognition] In the absence of dispute against Defendant B: Each entry of Gap 1-5 (including each number), the purport of the whole pleadings against Defendant C: deemed confession

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 40 million, such as the borrowed amount, and the amount of delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act until August 1, 2014, which is the day following the date of repayment, to September 1, 2014, which is the day of service of the duplicate of the complaint of this case, Defendant C, the day of service of the duplicate of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

3. Determination as to Defendant B’s assertion

A. First, Defendant B’s evidence Nos. 3-1 (the loan certificate as of March 28, 2014) is that while Defendant B was hospitalized in the hospital, the Plaintiff and the Plaintiff’s children sought and forced to prepare and affix their signatures and seals.

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