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(영문) 대구지방법원 2018.12.27 2018가단135642

대여금

Text

1. The Defendant, jointly and severally with B, shall pay to the Plaintiff KRW 61,942,345, as well as KRW 49,638,183, among them. < Amended by Presidential Decree No. 28905, Sep. 4, 2018>

Reasons

The plaintiff asserts as stated in the annexed cause of the claim of this case.

(However, in its entries, the term “creditor” means “Plaintiff”, “debtor A” means “Defendant”, and “debtor B and Defendant” respectively. The Defendant recognizes all the facts constituting the cause of the claim of the Plaintiff’s assertion.

(The first day for pleading). However, there is no legal basis for allowing the reduction of interest to be reduced even if the defendant has no ability to repay, or there is no legal ground for allowing such reduction.

Thus, the defendant is jointly and severally liable with B, a principal debtor, to pay to the plaintiff 61,942,345 won and 49,638,183 won among them, 12% per annum under the agreement from September 4, 2018 to September 30, 2018, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Plaintiff

The claim is justified and accepted.