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(영문) 전주지방법원 2016.02.03 2015가단19744

대여금

Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual 20% from May 5, 2015 to September 30, 2015, and the following.

Reasons

1. Fact that there is no dispute over the cause of claim, and if the purport of the entire pleadings is added to the statement in Gap evidence No. 1, the plaintiff lent KRW 24,00,000 to C on March 9, 2012 as the maturity date set by September 30, 2012 (hereinafter “instant loan”), and the defendant can recognize the facts of joint and several liability, and the plaintiff is a person who received reimbursement of KRW 12,00,000 among the above loans.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder 12,00,000 won as well as the payment order of this case at the rate of 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 3(1) main sentence of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015 and enforced Oct. 1, 2015) from May 5, 2015 to September 30, 2015, to pay damages for delay calculated at the rate of 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

2. The Defendant’s argument regarding the instant loan exceeded C’s KRW 12,00,000,000.

The defendant's assertion that the plaintiff exempted the defendant, but there is no evidence to acknowledge it, so all of the defendant's assertion is without merit.

3. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.