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(영문) 서울중앙지방법원 2017.01.18 2016가단5093931

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,000,00 and 5% per annum from November 1, 2015 to June 26, 2016.

Reasons

1. According to the facts of recognition and the overall purport of evidence Nos. 2, 3, and 5, the Plaintiff loaned KRW 30 million to Defendant B on March 17, 2015, and the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with Defendant B’s representative director agreed to repay the above loan by the end of October 7, 2015 to the Plaintiff on October 7, 2016. In light of the above facts, it can be presumed that Defendant B also agreed with the Plaintiff as the end of October 2016.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 30 million won and the damages for delay, which are set forth in the ratio of 5% per annum prescribed by the Civil Act from November 1, 2016 to June 26, 2016, which is the date following the due date for payment, to June 26, 2016, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.

2. In conclusion, the Plaintiff’s claim against the Defendants is reasonable and acceptable.