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Reasons
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(영문) 서울북부지방법원 2017.02.08 2016가합23438
대여금
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1. The plaintiff shall be jointly and severally liable to the plaintiff

A. Defendant B shall be annually from May 26, 2016 to February 8, 2017, as well as KRW 373,078,155.

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s words D, from around 2010 to 2013, lent a total of KRW 251,082,00,00 as indicated in the [Attachment Table 1] column to Defendant B, and Defendant C lent a total of KRW 101,447,50,00 as indicated in the [Attachment Table 2] column.

B. On August 15, 2015, Defendant B prepared a loan certificate (No. 1; hereinafter “instant primary certificate”) with the Plaintiff and D, and the main contents thereof are as follows.

Amount: Defendant B shall borrow the above amount and the conditions shall be determined as follows:

1. All bonds and debt relations before August 15, 2015 shall be renewed by this loan certificate.

2. The interest rate shall be zero point nine percent (0.9%) per month.

3. Interest shall be paid on the 25th day of each month;

4. The interest in arrears shall be included in the principal; and

5.The due date for the principal shall be September 30, 2017.

6. If interest is in arrears not less than twice, the obligor shall lose the benefit of the time limit;

8. The debtor may pay the principal at all times even before the due date, and thereafter the interest shall comply with the above conditions as to the remaining principal.

C. On August 15, 2015, Defendant C prepared a loan certificate (Evidence A2, hereinafter “instant secondary evidence”) with the Plaintiff and D. However, the main contents excluding the amount of KRW 110,00,000, monthly interest rate of KRW 1%, monthly interest rate of KRW 1%, and December 31, 2015, are as the instant primary evidence.

Defendant C sent to the Plaintiff on October 27, 2015.

The letter of debt guarantee (No. 4) of the contents of the joint and several guarantee (hereinafter referred to as the "joint and several guarantee agreement of this case") for the repayment of principal excluding interest among the debt of this case was prepared and awarded.

E. D On June 5, 2016, as to Defendant B and C, the Plaintiff.

paragraphs (c) and (c)

On January 25, 2017, Defendant B and C notified of the assignment of the claim in question. The notice of assignment of the claim in question to Defendant B and C on January 26, 2017.

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