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(영문) 부산지방법원 2015.04.15 2014나11335

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff loaned KRW 30 million to Defendant B on November 28, 201 by setting the due date for repayment on December 25, 2011, and the Defendant B agreed to pay a payment of the above loan amount by payment in kind as the head of Busan-gun E202 or interest of KRW 4% per month if the above loan amount is not repaid by the due date for payment. Defendant C and D can be acknowledged as joint and several liability for the above loan obligation of Defendant B.

According to the above facts, according to the Plaintiff’s claim for the instant loan, the Defendants are jointly and severally obligated to pay to the Plaintiff the above loan amount of KRW 30,000,000 and damages for delay calculated at each rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 26, 2011 to December 18, 201, as the Plaintiff seeks, for Defendant B, on which the duplicate of the instant complaint was served to the Defendants, until May 18, 2014; for Defendant C, until April 4, 2014; for Defendant D, 30% per annum until February 14, 2014; and for the period from the next day to the date of full payment.

2. In conclusion, the plaintiff's claim against the defendants should be accepted on the grounds of its reasoning. The judgment of the court of first instance is just and the defendant's appeal is dismissed on the grounds of its merit. It is so decided as per Disposition.