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(영문) 춘천지방법원 강릉지원 2017.04.25 2016가단55000
대여금
Text

1. The plaintiff

A. Defendant B and D jointly share KRW 42,595,00, and Defendant B with respect thereto from October 20, 2016.

Reasons

1. Judgment on the Plaintiff’s loan claim

A. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 6, the plaintiff lent 138,995,000 from April 2015 to July 22, 2016 to defendant Eul as stated in the "loan Amount" in the attached loan list, and the defendant Eul repaid 96,400,000 to the plaintiff as stated in the "Loan Amount" in the attached loan list, and the defendant Eul, on May 30, 2015, borrowed 50,000,000 won to the plaintiff, and the defendant Eul signed and sealed the loan certificate with the guarantor.

B. According to the above facts of determination as to Defendant B and D, the Defendants are jointly and severally liable to the Plaintiff at KRW 42,595,000 (i.e., KRW 138,95,00 - KRW 96,400,00) and as to Defendant B, from October 20, 2016 on the record that the copy of the complaint of this case was served on Defendant B, and from April 21, 2017, it is evident that the copy of the complaint of this case was served on Defendant D, and from April 25, 2017, it is reasonable to dispute about the existence and scope of the above Defendants’ obligation to perform duties until April 25, 2017, since there is no evidence to prove that the Plaintiff’s right to request interest from the Plaintiff and the guarantor’s each of the above principal obligor’s right to claim interest on the loan of this case at a rate of 15% per annum as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings was not satisfied.

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