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(영문) 서울북부지방법원 2019.07.12 2018가단133530

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 105,00,000 and for this, KRW 15% per annum from January 7, 2019 to May 31, 2019.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments stated in Gap evidence No. 1, 3, Gap evidence No. 4-1, 2, 3, and Gap evidence No. 5-1 and 2 with respect to the claim against defendant B, the plaintiff shall lend to defendant B the total amount of KRW 50 million on March 19, 2012, KRW 40 million on October 22, 2014, KRW 50 million on November 30, 2015, KRW 500,000 on December 31, 2015, KRW 1,500,000 on March 8, 2016, KRW 1,500,000 on the aggregate of KRW 1,50,000 on the following day, KRW 2,500,000 on the remainder of the loan and KRW 1,500,000 on the remainder of the loan and KRW 1,500,000,00.

2. In determining the claim against Defendant C, the fact that Defendant C provided joint and several surety against the Plaintiff on March 19, 2012 as to the loan amount of KRW 50 million from March 19, 2012 is deemed to have been led by Defendant C pursuant to Article 150(3) of the Civil Procedure Act. As such, Defendant C, jointly and severally with Defendant B, is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from October 4, 2018 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case, and from the next day to the day of full payment (each rate of delay damages shall be based on the statutory interest rate of the main sentence of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings amended on May 21, 2019).

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