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(영문) 서울북부지방법원 2015.07.08 2014가단44274
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and 24% per annum from January 11, 2014 to the date of full payment.

Reasons

1. The Plaintiff’s determination on the cause of the claim was made on October 18, 2012 under Defendant D’s joint and several sureties, with interest rate of KRW 30 million, paid on September 30, 2013, and Defendant C paid only the agreed interest rate of KRW 30 million to the Plaintiff up to January 10, 2014. Under the foregoing facts, Defendant B is the primary debtor, a joint and several sureties, and Defendant D is jointly and severally liable to pay the Plaintiff the above loan amount of KRW 30 million and interest thereon at the rate of 24% per annum, calculated from January 11, 2014 to the date of repayment.

2. Defendant D’s assertion and judgment

A. The above Defendant: (a) demanded the repayment of the borrowed amount and deposited KRW 30 million into the bank account in the name of Defendant B with the loan received around June 2013; (b) the above Defendant: (c) was defective in using the said money to Defendant B; and (d) Defendant B was using the said money voluntarily without paying it to the Plaintiff; and (c) accordingly, the Plaintiff’s claim cannot be complied with because the above E and Defendant B deceptioned Defendant D; (d) however, the written evidence Nos. 1 attached to the Plaintiff’s agent.

It is not sufficient to acknowledge that Defendant B conspired with Defendant B had the intent to make repayment by deceiving Defendant D, and there is no other evidence to acknowledge the above assertion by Defendant D, and this part of the assertion is rejected.

B. In addition, Defendant D asserts that, since the guarantee period has expired, the guarantee period cannot be extended without his/her consent, Defendant D cannot comply with the Plaintiff’s claim.

However, there is no evidence to prove that the guarantee period has been extended by the Plaintiff extended the due date to Defendant B, and even if the guarantee period has been extended by extending the due date, the obligation is specified.

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