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(영문) 인천지방법원 2018.10.10 2017가단41599

대여금

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1. As regards Defendant B’s KRW 45,00,000 and its KRW 15,000 among them, Defendant B shall start January 21, 2010, and 30,000 among them.

Reasons

1. Determination as to the claim against the defendant B

A. The plaintiff's assertion that the plaintiff loans KRW 20,000,000 on April 17, 2009 to D (hereinafter "D") and KRW 40,00,000 on July 20, 209, and KRW 30,000,000 on August 10, 2009, and to secure its payment, the amount of KRW 20,000,000 on a face value, issued date, April 17, 2009, and the due date of April 17, 2009 (hereinafter " Promissory Notes 1"), face value, KRW 40,00,00,00 on a face value, and KRW 30,000 on a promissorysory note issued on July 20, 209 (hereinafter "the issue date of each of the Promissory Notes 20,300,000, 209," respectively.

The Defendants are jointly and severally liable to pay the remaining loans of KRW 45,00,000 and damages for delay, remaining after appropriating the money that the Plaintiff received from D from February 2010.

B. As to the plaintiff's above assertion, the defendant B is deemed to have led to confession under Article 150 of the Civil Procedure Act.

Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay calculated by applying the respective ratio of KRW 45,00,000 and KRW 15,000,000 from January 21, 201, which is the day following the due date for repayment, to the remaining KRW 30,00,000 from February 11, 201 following the due date for repayment to December 14, 2017, which is the delivery date of a copy of each complaint of this case, to the Plaintiff, 5% per annum as stipulated in the Civil Act, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination as to the claim against Defendant C

A. (1) The Plaintiff’s assertion 1) Defendant C is obligated to pay the remaining loans of KRW 45,00,000 and damages for delay, as it issued each of the instant promissory notes to the Plaintiff, thereby guaranteeing the obligation to borrow loans to the Plaintiff. 2) To secure the obligation of a specific person to be determined.