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(영문) 수원지방법원 2019.09.18 2018가합28139
대여금
Text

1. The Defendants jointly committed against the Plaintiff for KRW 250,000,000 and KRW 50,000,000 among them, as from November 21, 2013, and 150.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the total amount of KRW 250,00,000 to Defendant B and Defendant Incorporated Incorporated Company C by 3% per month, and Defendant D guaranteed the said debt.

B. The Plaintiff set KRW 50,000,000 as indicated below to Defendant B as interest rate of KRW 3% per month.

A CD B [Grounds for Recognition] without dispute, each entry in Gap 1 through 2, and the purport of the whole pleadings

2. The Defendants are jointly obligated to pay interest of KRW 250,00,000 and KRW 50,000 among them to the Plaintiff within the scope of the maximum interest rate under the Interest Limitation Act, as they seek by the Plaintiff, with respect to KRW 50,00,00 among them, from November 21, 2013; KRW 150,00,000 from January 1, 2014 to the date of full payment; and KRW 50,000,000 per annum from June 29, 2014 to the date of full payment; Defendant B is obligated to pay to the Plaintiff the interest of KRW 50,00,00 and KRW 50,00 within the maximum interest rate under the Interest Limitation Act, as they seek by the Plaintiff, at the rate of interest rate of KRW 24% per annum from November 26, 2013 to the date of full payment.

3. Determination as to the assertion by Defendant B, and Incorporated Agricultural Company C

A. The Defendants asserted that KRW 50,000,000 on June 28, 2013 and KRW 50,000 on October 20, 2013 were not actually paid.

According to the above evidence, it is recognized that Defendant B prepared a loan certificate with a certificate of personal seal impression issued on October 1, 2013, and the loan certificate stated as follows.

It is recognized that the Defendants received money according to the time of the preparation of the loan certificate and the contents of the loan certificate (the Defendant submitted a written reply to the dismissal of the claim only once, but did not appear on the date for pleading).

Defendant Incorporated Incorporated Co., Ltd. asserts that no money was borrowed from the Plaintiff.

. The above.

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