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(영문) 서울남부지방법원 2019.02.19 2018가단13145

대여금

Text

1. The Plaintiff:

A. Defendant B: (a) from February 11, 2013 to KRW 30,000,000; (b)

B. Defendant C is charged with KRW 30,000,000.

Reasons

The Plaintiff loaned KRW 20 million to Defendant B on February 3, 2012, KRW 10 million, and KRW 10 million on February 8, 2012, and KRW 10 million on February 10, 2012, with each due date specified on February 10, 2013. The Plaintiff loaned KRW 20 million on February 8, 2012, KRW 10 million to Defendant C on March 5, 2012, with each of the arguments stated in subparagraphs 1 through 4, and with the obligation to pay KRW 30 million on an annual interest rate of KRW 9,000,000,000 from the following day to February 8, 2013, the Plaintiff recognized the Plaintiff’s obligation to pay KRW 300,000 to Defendant B on an equal interest rate of KRW 301,000,000,000,000 from the following day to 301,000,000.

The Plaintiff filed a claim against Defendant B for interest or delay damages from February 10, 2012 to March 5, 2012 to each due date. However, there is no evidence to acknowledge the fact that the Plaintiff and the Defendants agreed on the interest at each time of the lending, and there is no obligation to pay damages for delay before the due date expires. Thus, the Plaintiff’s claim for this part of the claim is without merit.

Therefore, the plaintiff's claim against the defendants is justified within the above scope of recognition, and it is so decided as per Disposition.