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(영문) 서울남부지방법원 2015.01.15 2014나10392
연대보증금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. According to the evidence evidence No. 1 of the judgment as to the cause of the claim, the plaintiff borrowed 35 million won to C on July 17, 2008 at the interest rate of 30% per annum (60% per annum) and on September 17, 2008, the due date for repayment was determined and borrowed to C on September 17, 2008. The defendant is jointly and severally guaranteed the above loan debt of the husband C (the above loan of this case is referred to as "the above loan of this case"). Thus, the defendant is obligated to pay 15 million won and delay damages to the plaintiff, barring any special circumstances.

2. Defendant’s defense of repayment

A. The defendant's husband C, from October 16, 2008 to November 23, 2009, claimed that the debt of this case was extinguished by paying a total of KRW 42 million including interest rate of KRW 7 million, with respect to the debt of this case from October 16, 2008 to November 23, 2009. 2) The plaintiff claimed that the plaintiff extended a total of KRW 122,419,000 from January 26, 2007 to July 22, 2010 to KRW 122,419,000 from March 30 to November 5, 2010 (including the above KRW 42 million claimed by the defendant). Thus, the plaintiff claimed to the purport that the loan of this case exceeded KRW 78,459,00,000 from March 30, 207 to November 5, 2010.

B. Determination 1) According to Gap evidence No. 5, the plaintiff extended 122,419,00 won to C on January 26, 2007, 30,000 won on February 26, 2007, and 5,000,000 won on June 8, 2007, and 5,415,00 won on July 17, 2008, and extended 122,419,00 won on July 22, 2010 (the one-time loan amount of 1,00,000 won after July 17, 2008, 305,000 won on loan 1,00 won on loan 2,005,00 won on loan 2,005,000 won on loan 2,000 won on July 17, 208, 2008, 308,000 won on loan 107.

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