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(영문) 광주지방법원 2015.08.20 2015가단18140

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 700,954,49 and KRW 160,000,000 among them. < Amended by Act No. 13190, Feb. 26, 2015>

Reasons

1. The plaintiff filed a lawsuit against the defendants on January 4, 2013, which is prior to the filing of the lawsuit in this case, for damages compensation identical to the lawsuit in this case (hereinafter "the previous lawsuit") with the Gwangju District Court No. 2013Gahap111, 2013Gahap7136 (Joint). Thus, the lawsuit in this case is unlawful as a duplicate lawsuit. However, according to the evidence No. 1 of this case, according to the facts stated in the evidence No. 1 of this case, the plaintiff's claim for damages arising from tort on the ground that the plaintiff's collateral right was infringed due to the defendants' unlawful acts of applying for construction permission. According to the above facts, according to the above facts, the lawsuit in this case seeking a previous lawsuit and a loan cannot be deemed identical to the lawsuit in this case, and therefore, the aforementioned defense is without merit.

2. Judgment on the merits

A. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3 (including virtual numbers) and arguments as to the cause of the claim, the plaintiff lent KRW 160,00,000 to the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") on May 30, 2008 as the due date of May 30, 2013; the interest rate of KRW 8.21% per annum; and the delay compensation rate of KRW 170,000 to the defendant Co., Ltd. on May 30, 2008 (hereinafter "one loan"); and on May 30, 2008, the plaintiff lent KRW 170,000 to the defendant Co., Ltd. for the interest rate of KRW 8.26% per annum; annual delay damages rate of KRW 17.21% per annum; and each of the above loans to the defendant Co., Ltd. (hereinafter "the defendant Co., Ltd.") at 16, 2005.7.

Defendant B’s joint and several guarantee of each of the above loans, and Defendant B’s company’s principal and interest 53,59,997 won up to February 25, 2015 with respect to one loan, 213,59,97 won (160,000,000 won, 53,599,97 won, and 2 loans.