대여금
Defendants jointly and severally liable to the Plaintiff KRW 50,000,000, and Defendant C with respect thereto from May 29, 2020, and Defendant D with respect to May 2020.
In full view of the facts not disputed between the parties, as well as the purport of Gap evidence No. 1 and the whole pleadings, it is recognized that the plaintiff lent to the defendants on October 18, 2012 the amount of KRW 50 million at maturity on October 18, 2013, at the interest rate of 24% per annum, and that the defendants received from the defendants the notarial deed of a monetary loan agreement with the above content as 630 of the E-document No. 2012.
According to the above facts, since May 29, 2020, Defendant C, who was attached after the date when the original of the instant payment order was served on the Plaintiff as of May 29, 2020, jointly and severally with the Plaintiff as to KRW 50 million and the following day after the due date, sent a written objection to this court on May 28, 2020 after Defendant C confirmed the original of the payment order delivered to Defendant D. The above written objection was sent to this court on May 28, 2020. The above written objection was sent by Defendant C on May 28, 2020.
Defendant D is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 20, 2020 to the date of full payment.
(1) The Defendants asserted that the Plaintiff had already received a payment order against the Defendants around 2015, but there is no evidence to acknowledge this order). Therefore, the Plaintiff’s claim against the Defendants is with merit, and it is so decided as per Disposition by the assent of all participating Justices.