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(영문) 청주지방법원 제천지원 2018.02.21 2017가단809
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 27,616,248 and the interest rate thereon from September 12, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On July 29, 2013, the Plaintiff lent KRW 47,500,000 to Defendant B at an annual interest rate of 60%.

(hereinafter “instant loan”). Defendant C jointly and severally guaranteed Defendant B’s debt on July 29, 2013.

B. The Defendants paid KRW 1,00,000 on February 13, 2014, KRW 2,000,000 on February 21, 2014, KRW 2,000 on March 8, 2014, KRW 4,000,000 on July 24, 2015, and KRW 36,000,000 on September 11, 2015, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts found in the above 1. Paragraph (1) above, it is clear in the calculation that the loan of this case remains in KRW 27,714,041 as of September 11, 2015, as stated in the attached Table of Claim Satisfaction.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount equivalent to 27,616,248 won of the principal and the amount equivalent to 25% per annum as requested by the Plaintiff within the scope of damages for delay in accordance with the agreed interest rate from September 12, 2015 to the date of full payment, following the last calculation date of interest.

B. Defendant B’s assertion that Defendant B did not have an obligation to pay interest, and Defendant B did not have any obligation to pay the interest, but there is no evidence to acknowledge this. Defendant B’s assertion is without merit. Defendant B asserted that Defendant B paid the Plaintiff the total amount of KRW 4,400,000 on October 21, 2015, and KRW 1,00,000 on November 3, 2015, and KRW 1,000,000 on March 19, 2016, and KRW 4,400,000 on March 19, 2016.

According to the evidence No. 3, Defendant C paid to the Plaintiff KRW 4,400,000,000 on October 21, 2015, and KRW 1,000,000 on November 3, 2015, and KRW 4,400,000 on March 19, 2016, respectively.

The plaintiff.

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