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(영문) 대구지방법원경주지원 2013.05.07 2011가단2015

대여금

Text

1. The Plaintiff:

A. Defendant B shall be KRW 27,130,000 and 20% per annum from April 29, 2012 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff, on June 25, 2003, lent KRW 27,130,000 to Defendant B under the joint and several surety by Defendant C.

【Ground for Recognition】 Defendant B: The fact that there is no dispute over Article 208(3)3 (Service by Public Notice) of the Civil Procedure Act (Confession at the second date for pleading)

B. According to the above facts established, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 27,130,000 and damages for delay calculated from April 29, 2012, the following day after the Defendants received a copy of the application for the instant payment order.

[Plaintiff asserted that the Defendants promised to pay the loan by August 25, 2003, and on the other hand, the Plaintiff claimed the payment of interest or delay damages calculated from June 26, 2003, which is the day following the date of the loan, but it is not sufficient to recognize that the Plaintiff and the Defendants agreed to pay the repayment period and interest, or that the Plaintiff demanded the return of the loan before the Plaintiff filed the lawsuit in this case, and there is no other evidence to support this otherwise. The Plaintiff’s claim in this part is without merit.

2. Defendant C’s defense and judgment are defenses that the Plaintiff paid KRW 15,10,00 among the above joint and several surety bonds, and if the purport of the entire pleadings is added to the entries in Section 3 through Section 9-1 and Section 2, Defendant C’s defense and judgment is within the scope of KRW 00,000 on September 15, 200, KRW 400 on September 30, 2003, KRW 00 on May 5, 2004, KRW 00, KRW 200, KRW 00 on June 8, 2005, KRW 200, KRW 00 on June 14, 2005, KRW 7,000 on June 20, 200, KRW 7,000 on June 10, 200 on June 14, 2005, KRW 30,00 on June 10, 2005.