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(영문) 서울중앙지방법원 2015.05.01 2014가합577826

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000,00 and the Defendants B from September 11, 2009 to November 18, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff shall lend 300,000,000 won to the defendant B on September 2, 2009 at the rate of 5% per annum, and interest rate of Sep. 10, 2014. The interest shall be paid in lump sum at the due date and in lump sum, and the above money shall be deposited into the account designated by the defendant B on September 10, 2009. The joint and several liability of the defendant C and D was jointly and severally guaranteed by the designation of the defendant B, and the plaintiff transferred 30,000,000 won to one bank account (Account Number: 572-910-7104, Sep. 10, 2009) in the name of the plaintiff bank account in the name of Korea in this case.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 300,00,000 and damages for delay at each rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 11, 2009, the following day after the date when the Plaintiff paid the above money, to November 18, 2014, Defendant B, on which the Defendants served with the duplicate of the complaint of this case, Defendant C, until November 3, 2014, Defendant C, and Defendant D, until October 31, 2014, with the agreed interest rate of 5% per annum and delay damages rate of 30,000,000 and 20% per annum from the following day to the date of full payment.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.