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(영문) 전주지방법원군산지원 2019.04.09 2017가단56634
대여금
Text

1. Defendants B, D, and E are jointly and severally liable to the Plaintiff for KRW 142,50,000 and KRW 95,00,000 among them.

Reasons

1. Basic facts

A. On June 19, 2017, the Plaintiff agreed to pay KRW 95 million (hereinafter “instant loan 1”) to Defendant Limited Company B (hereinafter “Defendant Company”) as of October 19, 2017, and the Plaintiff paid KRW 5 million (15.7% per annum when converting Defendant into annual interest rate (i.e., KRW 5,00,000, KRW 95,000 / 12 months x 100 months x 12 months x 100, and 290,000 x two decimal places) to Defendant Company through the total account of KRW 5,00,000,000 for the period of four months.

Accordingly, on June 19, 2017, the Plaintiff received from the Defendant Company “10 million won from October 19, 2017, to use it for four months until October 19, 2017, and to repay it strictly, and the guarantor shall jointly and severally pay it by the due date.

B. Around July 6, 2017, the Plaintiff agreed to collect KRW 47,50,000 between the Defendant Company and the Defendant Company as of October 6, 2017 (hereinafter “instant loans”) and paid KRW 2,50,000,00 in total (i.e., KRW 21% per annum (i., KRW 250,000/47,5000/300 per annum) x 12 months x 12 months x 100 and two decimal places). Accordingly, the Plaintiff borrowed KRW 57,50,00 from the Defendant Company through the account of Defendant E and received KRW 47,50,00 from the Defendant Company as of October 6, 2017 (i.e., KRW 50,000 and KRW 47,500,000,000). As a result, the Plaintiff was jointly and severally paid the interest on each of the instant loans to the Defendant Company by the due date.

C. Defendant D and E guaranteed the Defendant Company’s obligation to the Plaintiff according to each of the instant loans.

On the other hand, this is.

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