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(영문) 창원지방법원통영지원 2017.07.11 2017가단598

대여금

Text

1. The Plaintiff:

A. As regards Defendant C’s KRW 150,000,000 and its KRW 100,000,000, Defendant C, from February 29, 2012, and the remainder 50.

Reasons

1. On November 1, 201, when the Plaintiff lent KRW 150,000,00 to Defendant B Co., Ltd. for a loan of KRW 100,000,000 to Defendant B on February 28, 2012, the Plaintiff agreed on March 31, 2012 as to KRW 1,50,000,00, and Defendant C and Defendant D jointly and severally guaranteed the obligation to return borrowed money to the Plaintiff of Defendant B. The fact that Defendant C and Defendant D jointly and severally guaranteed the obligation to return borrowed money to the Plaintiff of the Defendant Co., Ltd. on March 31, 201 is recognized by comprehensively taking account of the respective entries and arguments as prescribed in subparagraphs 1 through 3 and the purport of all pleadings among the Plaintiff and the Defendant C pursuant to Article 150(3) and (1) of the Civil Procedure Act.

Therefore, with respect to the Plaintiff, Defendant C is obligated to pay damages for delay calculated at the rate of 150,000,000 won and 100,000,000 won among them, from February 29, 2012, and with respect to the remainder of 50,000,000 won, from April 1, 2012 following the due date of repayment to each Defendant C, 5% per annum prescribed by the Civil Act from April 1, 2012 to March 2, 2017, which is clear that it is the delivery date of the complaint of this case to each Defendant C, and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the due date of full payment. As regards Defendant C and Defendant D are jointly and severally liable with Defendant C to pay damages for delay calculated at the rate of 150,000,000,000,000 won, whichever is later, from the due date of payment to 20, 501%.

2. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition by the assent of all participating Justices.