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(영문) 서울동부지방법원 2020.10.15 2019가합113985

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 550,000,000 and KRW 500,000,000 among them, from September 30, 2018 to 30.

Reasons

According to the overall purport of Gap evidence Nos. 1 through 10 (including branch numbers; hereinafter the same shall apply) and the entire pleadings, the plaintiff loaned to the defendants a total of KRW 50 million from April 2014 to June 2015, total of KRW 20 million, KRW 20 million on July 31, 2015, and KRW 30 million on August 4, 2015, and KRW 550 million on March 24, 2016. The defendants agreed to jointly and severally bear the above loan obligations; KRW 50 million on KRW 37 times from June 30, 2015 to August 31, 2018, KRW 200,000 per deposit to 37 times from September 7, 2015 to KRW 308,500 on KRW 360,500 on KRW 408,500 per deposit, respectively.

In light of the above facts, it is reasonable to view that the Plaintiff and the Defendants concluded an agreement to pay interest of 1% per month on the 30th day of each month for KRW 50 million among the above loans, interest of 20 million per month on the 30th day of each month for KRW 20 million, and interest of 1% per month for KRW 30 million on the 26th day of each month for KRW 30 million.

In addition, the Plaintiff is a person who received interest on the said KRW 50 million up to June 2018, interest on the said KRW 20 million up to September 2018, and interest on the said KRW 30 million up to September 2018.

Meanwhile, it is evident that the Plaintiff’s duplicate of the instant complaint seeking the return of the said loan to the Defendants was served on November 21, 2019 on the Defendants.

Therefore, the Defendants jointly and severally provide loans to the Plaintiff amounting to KRW 50 million and KRW 50 million from September 30, 2018, KRW 300 million from October 26, 2018, and KRW 200 million from November 3, 2018 to the date of full payment, as sought by the Plaintiff, as sought by the Plaintiff, pursuant to the above loan agreement, and under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Defendants shall be liable for delay from the following day to the date of full payment.