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(영문) 의정부지방법원 2015.04.07 2014가단51015
대여금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from August 29, 2013 to the date of full payment.

Reasons

1. The Plaintiff, on May 28, 2013, agreed to lend KRW 100,00,00 to Defendant B for a period of one year until May 2014. At the time of the above lending, Defendant C guaranteed the above loan obligations against the Plaintiff by Defendant C at the time of the above lending. However, the fact that Defendant B only paid three interest payments, and Defendant B did not pay the above loan interest even after the maturity period has expired does not conflict between the parties, or that it did not pay the loan interest after the lapse of the maturity period, can be acknowledged by comprehensively taking account of the overall purport of the pleadings as stated in the evidence Nos. 1 and 2, and No. 3-1 through No. 4.

In light of the above facts, Defendant B is the principal debtor of the above loan, and Defendant C is jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 100,000,000 and the damages for delay calculated by the rate of 24% per annum from August 29, 2013 to the date of full payment, which is the day following the date of payment of the above final interest.

Defendant B agreed between the Plaintiff and the Plaintiff that the bank on the Plaintiff’s above loans would not claim the loans between the parties, if the bank pays only the Plaintiff’s loan, and that it agreed not to claim the loans between the parties. However, there is no evidence to acknowledge this. Therefore, the above Defendant’s assertion cannot be accepted.

2. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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