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(영문) 서울남부지방법원 2017.03.31 2016가단40266

대여금

Text

1. The Defendants’ respective Plaintiff KRW 60,000,000 and the Defendants’ respective related thereto from January 16, 2007 to Defendant B. < Amended by Presidential Decree No. 27505, Oct. 16, 2016>

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff loaned the loan amounting to KRW 60 million to Defendant B on October 27, 2006 as of November 7, 2006. Since Defendant B failed to return the loan thereafter, Defendant C agreed to pay the above loan by January 15, 2007 if Defendant B did not fully pay the loan by January 15, 2007.

According to the above facts of recognition, the Defendants are obligated to pay damages for delay at each rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 16, 2007 to the day following the due date of payment of each of the instant bills from January 16, 2007 to October 29, 2016 in relation to Defendant C, and from November 13, 2016 in relation to Defendant C, 5% per annum as prescribed by each of the Civil Act until November 13, 2016, and 15% per annum from the following day to the day of full payment.

2. Defendant C’s defense alleged to the effect that Defendant C paid KRW 15 million to the Plaintiff. However, there is no evidence to acknowledge this, the aforementioned defense is without merit.

3. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition.