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(영문) 제주지방법원 2016.07.19 2015가단12603

대여금

Text

1. The Defendants shall jointly and severally serve as KRW 106,00,000 on the Plaintiff and as a result, from December 1, 2005 to September 30, 2015.

Reasons

1. In full view of the purport of the evidence No. 1 and the whole pleadings, Defendant B borrowed KRW 106,00,000 from the Plaintiff on July 19, 2005 on the maturity date of November 30, 2005, and damages for delay rate of 20% per annum, and Defendant C can recognize the fact that Defendant C has jointly and severally guaranteed the Plaintiff’s above loan obligations at the time of payment. Each of the statements No. 1-2, No. 2, No. 2-1, No. 2-2, and No. 2-1, No. 2-2 is not interfered with the above recognition. Since there is no counter-proof otherwise, the Defendants jointly and severally liable to the Plaintiff for payment of KRW 106,00,000 from the date following the maturity date of payment to September 30, 2015, with the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and damages for delay calculated by 15% per annum.

[Plaintiff’s claim for damages for delay filed in excess of the rate of 20% per annum for the period from October 1, 2015 to the date of full payment. However, according to the statutory interest rate of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015), the portion of the claim for damages for delay filed against the Defendants is without merit.