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(영문) 창원지방법원거창지원 2016.04.12 2016가단276

대여금 등

Text

1. The Defendants jointly share the Plaintiff KRW 27 million with 5% per annum from July 1, 1997 to September 22, 2006.

Reasons

1. Around 1997, the Plaintiff indicated the claim and lent KRW 27 million to Defendant B as of June 30, 1997. Defendant C guaranteed Defendant B’s obligation to borrow loans.

On February 20, 2006, the Plaintiff filed a lawsuit against the Defendants for the payment of loans under the Changwon District Court Branch Branch Branch of 2006Kadan833, and the above court rendered on November 7, 2006 the judgment that “the Defendant shall pay to each Plaintiff the amount of KRW 27 million and the interest calculated at the rate of KRW 5% per annum from July 1, 1997 to September 22, 2006, and 20% per annum from the next day to the day of full payment,” and the judgment became final and conclusive around that time.

Therefore, the Defendants are jointly obligated to pay to the Plaintiff, who filed the instant lawsuit for the interruption of extinctive prescription, 5% per annum from July 1, 1997 to September 22, 2006, 20% per annum from September 23, 2006, 20% per annum from September 19, 2006 to February 19, 2016, the first delivery date of the copy of the instant complaint, and 15% per annum from the next day to the day of full payment.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);