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(영문) 부산지방법원 2017.09.14 2016가단353940
대여금
Text

1. The defendant (Appointed Party) and the appointed party C jointly and severally with the plaintiff 160,000,000 won and the corresponding amount.

Reasons

1. The judgment on the cause of the claim No. 1 (the appointed party, hereinafter referred to as the "defendant") is the evidence No. 1 of the judgment on the cause of the claim.

) The term “appointed” and “Appointeds” (hereinafter referred to as “Appointeds”) and the term “Defendants, etc.” in total between the Defendant and the Appointeds.

A) The authenticity of the entire document is presumed to have been established because there is no dispute over the seal imprint portion of the document. In full view of the entries in the document No. 1-2 and the entire purport of the pleadings in the statement No. 1-2, the Plaintiff, on October 26, 2002, lent KRW 160,000 to the designated person on October 26, 2002, with interest rate of KRW 160,000,000,000 to the designated person on October 26, 2007, and the Defendant, the mother of the designated person, as the mother of the designated person, guaranteed the designated person’s debt owed to the Plaintiff.

According to the above facts, the defendant et al. is jointly and severally liable to pay the plaintiff a loan of KRW 160 million and damages for delay calculated by the rate of 15% per annum from December 31, 2016, which is the day following the delivery of the complaint in this case against the defendant, to December 30, 2016, and from December 30, 2016 to the day of full payment of the complaint in this case against the Appointor.

2. Judgment on the defendant's assertion

A. The Defendant, the Defendant, etc., borrowed KRW 160 million from the Plaintiff to establish a mortgage near the maximum debt amount of KRW 200 million with respect to the real estate owned by the Defendant. However, the Plaintiff asserted that, regardless of the content of the loan certificate, the amount of the loan was KRW 200 million (i.e., the principal amount of KRW 160 million, the interest of KRW 40 million was paid in installments to the Defendant, etc.). Accordingly, the Defendant, etc., paid KRW 183,168,00 in total from November 11, 2002 to December 2, 201, 2016, the remainder of the loan amount was KRW 16,832,000 (=20 million - 183,168,000).

The principal and interest of the loan between the plaintiff and the defendant will be KRW 200 million.

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