beta
(영문) 광주지방법원 2020.12.04 2020가단11679

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 38,040,000 and the interest rate from August 29, 2020 to the day of full payment.

Reasons

1. Description of claims: To specify the following grounds:

The plaintiff was engaged in money transactions with the defendant B since before 2018.

Defendant B, as a joint and several surety, prepared each of the loans worth KRW 10 million on April 13, 2018, KRW 13,000,000 on August 13, 2018, KRW 15,000,000 on January 7, 2019, KRW 15,000 on January 23, 2019, and borrowed KRW 51,00,000 on January 23, 201, and borrowed the above aggregate of KRW 51,00,00 on interest at 5% per month.

However, the Defendants paid only part of the amount borrowed from the Plaintiff and did not pay the remaining amount of KRW 38,040,000 after May 2020 to July 13, 2020.

Therefore, the Plaintiff was bound to receive from the Defendants the amount of KRW 38,040,000 and 12% interest per annum from the day following the service date of the instant case to the day of full payment, as stated in the purport of the claim.

2. Grounds: Each judgment deemed confession (Articles 208(3)2 and 150 of the Civil Procedure Act) stated to the effect that Defendant B does not dispute the amount claimed by the Plaintiff at the first date for pleading.

Defendant C did not submit a document indicating his claim by Defendant C, such as a written reply or a preparatory document, even after being duly served with the duplicate of the instant complaint, and did not appear on the designated date for pleading even after being notified of a legitimate date.

Ultimately, the Defendants are deemed to have led to the confession of the facts alleged in the grounds of claim by the Plaintiff.