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(영문) 부산지방법원 2015.04.07 2014가단65157
대여금
Text

1. The Plaintiff:

A. Defendant B is KRW 70,000,000 per month from June 16, 2010 to the day of full payment, and KRW 750,000 per month.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned the Defendant B KRW 20,000,000 on March 6, 2006, as the due date set on September 6, 2006.

B. The Plaintiff lent KRW 40,000,000 to Defendant B on August 19, 2007, and as of November 2, 2007, the Plaintiff guaranteed Defendant C’s obligation of KRW 40,000,000 for Defendant B’s debt. ② On September 18, 2007, the Plaintiff lent KRW 10,000 as of November 27, 2007, and around that time, Defendant B paid the Plaintiff KRW 70,000,000 for the above loan (hereinafter “instant loan”).

C. Meanwhile, from October 16, 2007 to June 15, 2010, Defendant B paid each amount of KRW 730,000 to the bank account of the Plaintiff, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 4-2, the purport of the whole pleadings

2. Determination on the cause of claim and Defendant C’s assertion

A. Comprehensively taking account of the facts acknowledged prior to the determination of the cause of the claim and the purport of the entire pleadings, Defendant B is obligated to pay to the Plaintiff KRW 70,000,000 and/or KRW 750,000 per month, which is the interest agreed or delay damages, from June 16, 2010, and the Defendant C jointly with the Defendant C KRW 40,000,000, which is the above KRW 70,000,000, and the delay damages calculated at the respective ratio of 20%, which is the day following the delivery date of a copy of the complaint, from December 4, 2014 to the day of complete payment.

B. Defendant C’s assertion regarding Defendant C’s assertion argues that Defendant C paid KRW 40,000,000 to the Plaintiff on August 19, 2007, out of the instant loan, but there is no evidence to acknowledge this. Thus, Defendant C’s above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case against the defendants is justified.

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