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(영문) 부산지방법원동부지원 2019.05.29 2018가단11178
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 50,100,000, and KRW 20,100,000, respectively.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments as to the cause of the claim Gap's evidence Nos. 1 and 2, the plaintiff loaned KRW 34,50,000 to the defendant Eul around 2003, and the defendant Eul issued a loan certificate to the plaintiff around December 5, 2016 that the above loan amount of KRW 34,50,000 to the plaintiff shall be repaid each month. At the time, the defendant C guaranteed the above loan obligation to the plaintiff, and the defendant Eul agreed to pay KRW 30,000,000 to the plaintiff every month as interest on the above loan amount of KRW 34,50,000 to the plaintiff on the same day, and the fact that the plaintiff was paid KRW 11,40,000 among the above loan amount of KRW 34,50,000 to the plaintiff.

According to the above facts, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the remainder of the loans and the agreed amount of KRW 53,100,00 [=64,500,000 (hereinafter the agreed amount of KRW 30,000) - the agreed amount of KRW 11,400,000]; Defendant C is jointly and severally liable with Defendant B to pay the remainder of the joint and several liability amount of KRW 23,100,000 (34,50,000 - the agreed amount of KRW 11,400,000) and damages for delay on each of the above amounts of KRW 20,000,000,000 for the above amount of KRW 30,000,000,000 for each of the above joint and several liability amount of KRW 300,000,000,0000 for the Plaintiff’s aforementioned loans, and thus, the Defendants’ assertion on the above 300,0000,3000.

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