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(영문) 창원지방법원 2016.09.06 2015가단21618
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and as a result, from July 1, 2013 to November 6, 2015.

Reasons

1. Basic facts

A. The Plaintiff loaned 150,000,000 won to Defendant B on February 8, 2013 on the date of repayment. On July 8, 2013, the Plaintiff borrowed 150,000 won (150,000,000 won) in full with respect to the above borrowed money, and repaid 45,00,000 won as of July 8, 2013, and agreed to repay 105,000,000 won until February 8, 203, but the due date for this demand was not paid until February 8, 2014, the Plaintiff agreed to repay 150,000 won until December 31, 2014, the interest rate was 7,000 won as agreed interest rate, interest rate was 10,000 won as of July 7, 2013, the Defendants signed and signed a certificate of borrowing as joint and several surety with the Defendant 300,000.

B. On February 4, 2015, Defendant B paid to the Plaintiff the amount equivalent to KRW 5,000,000 produced by his/her factory.

C. On June 3, 2015, the Plaintiff received a loan certificate with the following contents (hereinafter “the instant loan certificate”) from the Defendants, and issued the said loan certificate with the obligation under the said loan certificate (hereinafter “the instant loan certificate”).

The balance borrowed (unpaid amount): The due date for the principal of KRW 100,000,000 shall be until May 30, 2017, and this deadline shall be observed and shall not be changed in the future.

Interest shall be determined to be interest at 7% per annum, and shall be paid in advance on the first day of each month.

In the following cases, no objection shall be raised even if the benefit of time has been lost and the remaining obligation has been claimed at one time:

(2) When the payment of interest has been delayed three or more times (three months) (based on recognition), the fact that there is no dispute, each entry in Gap evidence 1 and 2 (including provisional number), and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 100,000,000 and the damages for delay.

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