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(영문) 서울동부지방법원 2017.11.03 2017가합726

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 360,000,000 and 5% per annum from October 12, 2017 to November 3, 2017.

Reasons

1. The judgment of this Court

A. If evidence Nos. 1 and 2 and testimony of witness E are added to the purport of the entire pleadings, the Plaintiff is recognized as having agreed to lend KRW 360 million to the Defendants from November 201 to August 2012, 201, and the Defendants jointly and severally liable.

B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 360 million and the damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from October 12, 2017, which is the date following the delivery of a copy of the complaint of this case, to November 3, 2017, which is deemed reasonable for the Defendants to dispute the existence and scope of the performance obligation.

(A) The Plaintiff sought interest payment from December 20, 201. However, the above evidence alone is insufficient to acknowledge that there was an agreement on interest at the time of the instant loan, and there is no other evidence to prove otherwise). 2. Conclusion, the Plaintiff’s claim against the Defendants on December 20, 201 cited it within the scope of each recognition as above, and the remainder is dismissed as it is without merit.