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(영문) 창원지방법원 2017.02.07 2016가단724
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 28,50,000 and Defendant C with respect thereto from December 18, 2015, and Defendant B.

Reasons

1. Basic facts

A. (1) On September 27, 2013, the Plaintiff drafted a certificate of borrowing that the Plaintiff would pay KRW 50,000,000 to Defendant B for a loan with the rate of 10% per month of maturity and the interest rate specified, which was 10% on October 28, 2013, and the Plaintiff failed to pay the loan. As the Plaintiff was due and due, on January 7, 2014, the Plaintiff drafted a certificate of borrowing that the Plaintiff would pay the loan amount of KRW 8,00,000,00 per month of interest. (2) The Defendants agreed to pay the loan amount of KRW 2.

As the Plaintiff did not repay the borrowed amount stated in the claim, the Plaintiff agreed to set the borrowed amount of KRW 5,00,000 on May 31, 2015, and agreed to pay the borrowed amount of KRW 2,50,000 per month on the loan amount of KRW 2,50,000 per month without interest (hereinafter “the loan certificate of this case”) and prepared a loan certificate with the intent to repay the principal amount of KRW 2,50,000 per month (hereinafter “the loan certificate of this case”), and Defendant C guaranteed each Defendant B’s debt of the above borrowed amount of KRW 1,50,00 per month.

B. From November 13, 2013 to June 30, 2015, Defendant B paid to the Plaintiff a total of KRW 26,500,000 as indicated below.

5. On the date and time of payment 1. 20. 13. 1, 201, 200, 20. 20. 1, 200, 300, 100 15, 200, 200. 1, 300, 40. 1, 200, 60, 16. 1, 70, 00, 16. 16. 20, 16. 30, 40, 16. 20, 16. 20, 40, 200, 16. 16. 30, 20, 200, 200, 200, 16. 20, 200, 200, 2000, 200, 310, 204, 10, 2014

2. The argument and judgment.

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