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(영문) 서울남부지방법원 2015.07.23 2015가합1087
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 206,806,301 won and 170,000,000 won among them.

Reasons

1. Facts of recognition;

A. Defendant B has been engaged in money transactions with the Plaintiff several times on June 24, 2009, including borrowing KRW 40 million from the Plaintiff.

On September 15, 2010, Defendant B settled the Plaintiff’s debt owed to the Plaintiff up to the time of the settlement of the Plaintiff’s debt amounting to KRW 170 million, which was due on December 30, 2010, and prepared a cash custody certificate, which was at least 3% of the interest rate, and Defendant C guaranteed Defendant B’s debt.

B. On September 30, 2010, Defendant B prepared and placed on September 30, 2010 a promissory note No. 170 million won at par value on the Plaintiff, the due date on December 30, 2010, and the place of issue and payment Seoul.

A notary public [No. 889, 2010]. (c) a certificate drawn up by a notary public

On December 30, 2010, the Plaintiff additionally lent KRW 3.5 million to Defendant B. D.

After that, Defendant B paid the Plaintiff KRW 1,50,000,000 on March 31, 201, May 18, 2011, KRW 15,000,000 on July 28, 2011, KRW 350,000 on September 22, 2011, and KRW 5,060,00 on December 22, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, Defendant B paid 15,060,000 won to the Plaintiff for the obligation of KRW 170 million from September 15, 2010 to December 22, 2011, KRW 51,866,301 ( principal KRW 17,000,000 per annum x 24% per annum x 464/365, and the agreed interest rate at the time of the preparation of cash custody certificate was 36% per annum. However, since the Plaintiff sought interest rate of KRW 24% per annum within the scope of the Interest Limitation Act, the interest balance is 36,806,301 won.

Therefore, the Defendants are jointly and severally liable to the Plaintiff for the payment order of KRW 206,806,301 as of September 15, 201 and KRW 17,000,000 from December 23, 2011, which is the day following the date of final payment of interest, to the service date of the original copy of the instant payment order (Defendant B B, December 5, 2014, and March 16, 2015), and the lawsuit shall be promoted from the following day to the day of full payment.

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