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2009 MarsdenLR 565

COURT OF APPEAL PUTRAJAYA
VITHAL KUMAR JAYARAMAN – Appellant
Versus
AZMAN MD NOR – Respondent


JUDGMENT

Ramly Ali JCA:

[1] The plaintiff's claim against the 1st defendant is premised on a breach of friendly loans for a sum of RM468,500 claimed to have been given to the 1st defendant over a period between July 2000 and February 2002 pursuant to several written agreements dated 30 June 2000, 5 December 2000 and 2 February 2002 and oral agreement between them. On top of that the plaintiff also claimed for interest at the rate of 8% per annum from 23 December 2004 until full satisfaction.

[2] The first loan agreement is dated 30 June 2000 whereby the plaintiff on request of the 1st defendant, had given a friendly loan of RM100,000 to the 1st defendant and the 1st defendant had agreed to repay the said loan within (90) days from the date of the said first agreement.

[3] The second loan agreement between the same parties is dated 5 December 2000 whereby, the plaintiff again, on request of the 1st defendant had given another friendly loan of RM300,000 to the 1st defendant. This time the 1st defendant had agreed to repay the said loan within (6) months from the date of the said second agreement. For this second loan, the 2nd defendant had executed a personal guarantee to guarantee the d


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