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(영문) 수원지방법원 2015.01.16 2014가단41359

대여금

Text

1. The Defendants’ respective KRW 17,500,000 to the Plaintiff, respectively, and Defendant B from November 20, 2014 to Defendant C, and Defendant C from November 1, 2014 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of each of the statements in Gap evidence Nos. 1 through 3 (including additional numbers), it is recognized that the plaintiff and D respectively leased KRW 50,000,000 to the defendants, with the period of repayment on November 12, 201, KRW 200,000 per December 31, 201, and interest rate of KRW 200,000 per month; ② the period of payment on the same day of payment on August 31, 2012, and interest rate of KRW 50,00,000, without any separate provision.

B. According to the above facts, unless there is a special declaration between the parties, rights and obligations shall be borne at an equal rate between the plaintiff, D and the defendants, unless there is a special declaration of intention.

As a result, the Defendants are obligated to pay to the Plaintiff damages for delay at a rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 29, 2014 to the day of full payment, as requested by the Plaintiff, following the service date of the written application for modification of the claims and the cause of the claims in each of the instant cases, as sought by the Plaintiff.

2. As to the judgment on Defendant B’s assertion, Defendant B asserted that Defendant B did not bear any obligation against the Plaintiff since D merely signed and sealed a loan certificate as a mere observer in the course of lending money again to Defendant C. However, there is no evidence to acknowledge this. Therefore, the above assertion by Defendant B is without merit.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.