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(영문) 대구지방법원안동지원 2015.05.27 2014가단5234
대여금
Text

1. Defendant C is 20% per annum with respect to the Plaintiff’s KRW 55,00,000 and the said KRW 20% per annum from November 26, 2014 to the date of full payment.

Reasons

1. The plaintiff and defendant B's assertion

A. On January 8, 2014, the Plaintiff asserted that: (a) lent KRW 50,000,000 to Defendant B; and (b) Defendant C agreed to jointly and severally guarantee the above obligation; (c) on April 25, 2014, the Defendants leased KRW 5,000,000 to Defendant C, but the Defendants did not repay the above obligation; (d) Defendant C is jointly and severally liable to pay KRW 50,00,000 among the said money, and (e) Defendant B is jointly and severally liable with Defendant C to pay each damages for delay.

B. Defendant B’s assertion that on January 8, 2014, the Plaintiff lent money to Defendant C, and Defendant B transferred money from the Plaintiff to Defendant C and paid a part of interest at the Plaintiff’s request.

2. Determination

A. According to the reasoning of the judgment as to Defendant B, the Plaintiff transferred KRW 48,00,00 to Defendant B on January 8, 2014 after deducting KRW 50,00,000 from KRW 50,00,00, and KRW 40,000 from KRW 10,00,000. Defendant B paid KRW 40 to the Plaintiff on July 12, 2014; KRW 8,00; and KRW 1,00,00 to Defendant C0 on September 10, 2014; KRW 1,00,00,000 to the Plaintiff on October 8, 2014; and KRW 1,00,00,000 from KRW 1,00; and KRW 20,000 to the Plaintiff on August 10, 208, the Plaintiff paid KRW 400,00,00 to the Plaintiff on May 10, 2008, respectively.

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