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(영문) 대구지방법원 2016.10.25 2015가단48235
대여금
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 10,000,000 and a rate of 18% per annum from August 20, 2012 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff lent KRW 10,000,000 to the defendant C on September 20, 2010, at the interest rate of KRW 1.5% per month, and at the maturity date, at the rate of KRW 20,000,000 as joint and several sureties on December 10, 2010, at the interest rate of KRW 1.5% per month, as the defendant C as the joint and several sureties on December 10, 200, at the maturity date until the house is purchased. The defendants deposited interest on the above borrowed money in the Daegu Bank Account (D) in the name of the plaintiff from October 24, 20 to September 6, 2012, and the interest on the loan amount of KRW 10,000,000 can be recognized to be paid until August 29, 2012.

Therefore, Defendant C is obligated to pay the Plaintiff the interest rate of KRW 10,00,000 as of September 20, 2010 and damages for delay at the rate of KRW 18% per annum, which is the interest rate from August 20, 2012 to the date of full payment after the payment of the last interest. The Defendants are jointly and severally liable to pay the aforementioned interest rate of KRW 20,000,000 as of December 10, 201, and damages for delay at the rate of KRW 18% per annum, which is the interest rate from August 10, 2012 to the date of full payment.

2. The Defendants’ assertion against the Defendants merely borrowed money from the Plaintiff while taking over the PC through Nonparty E. However, the Defendants asserted that E would bring KRW 25,00,000,000 from the sales proceeds of disposing of the PC computer around March 2012 and repaid the Defendants’ respective loans to the Plaintiff, but according to the respective descriptions of the evidence Nos. 1 and 2, there was a PC premium contract between Defendant C and E around November 24, 2009, and there was some monetary transactions from December 21, 2009 to April 28, 2011, and it is difficult to recognize that E would incur KRW 25,00,000,000 from the sales proceeds of the PC computer on or around December 3, 2012, and there is no other evidence to acknowledge otherwise.

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