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(영문) 제주지방법원 2019.01.24 2018가합11424
대여금
Text

1. The defendant shall be the plaintiff.

(a) Co., Ltd. and C shall be jointly and severally liable for KRW 150,000,000 and the same from August 31, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in credit business in the name of “F” in Jeju City E.

B. On August 1, 2013, the Plaintiff leased KRW 150,000,00 to C (hereinafter “C”) on August 1, 2013, with an overdue interest rate of KRW 39% on August 30, 2013, and the Defendant jointly and severally guaranteed C’s debt on the same day.

C. On September 16, 2013, the Plaintiff loaned KRW 150,000,000 to the Defendant on October 15, 2013, with an overdue interest rate of KRW 39% per annum.

(hereinafter “instant 2 obligations”) D.

On September 30, 2013, the Plaintiff leased KRW 50,000,00 to C on October 29, 2013, at an overdue interest rate of 39% per annum (hereinafter “third debt of this case”) and the Defendant and D jointly guaranteed the above loan debt of C on the same day.

[Reasons for Recognition] Uncontentious Facts, Gap 1-3 evidence, Gap 5 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant, who is the debtor of the instant secondary debt and the joint and several liability joint and several liability joint and several liability, is obligated to pay the Plaintiff KRW 150,00,000, and the amount of KRW 150,000, and the amount of KRW 150,000 as of August 31, 2013, jointly and severally with C, as of August 16, 2013, and KRW 150,000 as of the due date, and KRW 20,000 as of October 16, 2013, jointly and severally with C, and jointly with D, and severally with C, KRW 50,00,00 as of the due date, and damages for delay calculated at the rate of KRW 39% per annum, which is the overdue interest rate, from October 30, 2013 to the due date of repayment.

B. The Defendant’s defense, etc. 1) The summary of the Defendant’s assertion C agreed to transfer ownership of 10 households of the G Building in Seopopo-si, Seopo-si (hereinafter “instant real estate”) in the event that the Plaintiff is unable to repay 1 and 2 obligations to the Plaintiff, and thereafter C agreed to transfer ownership.

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