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(영문) 서울중앙지방법원 2013.01.25 2012가단37730
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 30,000,000 on the Plaintiff and the period from June 11, 2003 to June 10, 2007.

Reasons

On February 10, 2002, the Plaintiff lent KRW 30 million to Defendant B (hereinafter “instant loan”). At the time, the maturity was September 1, 2002, and interest was equal to the five months, and Defendant C guaranteed the above loan obligations against the Plaintiff.

[Ground for Recognition: Unless there are special circumstances, the Defendants are jointly and severally liable to pay the principal and interest arising from the instant loan to the Plaintiff according to the facts without dispute, Gap evidence 2, and the purport of the entire pleadings.

As to this, the Defendants asserted to the effect that the instant loan had already been repaid to the Plaintiff by paying a total of KRW 38.75 million over several occasions. However, if the Defendants appropriated the repayment of KRW 23 million for the interest accrued from the instant loan, which is nine times recognized by the Plaintiff among the money that the Defendants repaid, it is as indicated in the attached Table of Appropriation of Claim. The remaining Defendants’ assertion on the repayment is insufficient to recognize it only by the evidence submitted by the Defendants, and there is no other evidence to acknowledge it otherwise.

(B) In addition, the Defendants are jointly and severally liable to pay interest limit under Article 2(1) of the Interest Limitation Act (Act No. 8322 of March 29, 2007) from June 11, 2003 to June 30, 2007 (Act No. 8322 of March 29, 2007) as they sought by the Plaintiff from June 1, 2003 to June 30, 2007.

Conclusion: Plaintiff’s winning

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