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(영문) 의정부지방법원 2017.11.14 2017가단103337
대여금
Text

1. Defendant B’s KRW 80,000,000 as well as 5% per annum from December 29, 2014 to July 12, 2017 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On August 27, 2013, the Plaintiff asserted that the Plaintiff lent KRW 80,000,000 to Defendant B (hereinafter “instant loan”). Defendant C made a verbal joint and several guarantee for Defendant B’s instant loan obligations against the Plaintiff, and the Defendants jointly and severally pay KRW 80,000,000 to the Plaintiff as well as damages for delay.

B. In full view of the statements in the evidence Nos. 1 and 3-1 through 5, witness D’s testimony, and the purport of the entire pleadings, the Plaintiff: (a) on August 27, 2013, the Plaintiff loaned the instant loan of KRW 80,00,000 to Defendant B as the down payment for the two parcels outside E in Yangju-si; (b) on the date of the conclusion of the instant contract, Defendant B paid KRW 2,50,000 to the Plaintiff at interest rate of KRW 30 days for the instant loan; (c) on the date of the conclusion of the instant contract, Defendant B paid the Plaintiff KRW 2,50,000,000 to the Plaintiff; (d) on November 28, 2014, Defendant B paid interest under the name of F, G, H, and Defendant C by the next day until the day of delivery of a copy of the lawsuit prescribed by the Civil Act to the day of delivery of the complaint from December 29, 2014 to the day of delivery.

Meanwhile, the Plaintiff jointly and severally with Defendant C seeking the payment of the instant loan. According to the testimony of Defendant C, Defendant C was at the lending site of this case, according to the evidence Nos. 3-1, 2, and witness D, and part of interest on the instant loan to the Plaintiff, it is recognized that the Plaintiff transferred part of the interest on the instant loan to the Plaintiff’s account through his own name, but it is insufficient to recognize the fact that Defendant C made an oral joint and several guarantee for the instant loan obligation by only the above evidence and the evidence Nos. 2 and 6-1 through 9-2.

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