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(영문) 울산지방법원 2017.02.08 2016가단61961

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 35,00,000 and interest rate of KRW 15% per annum from December 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On June 25, 2007, the Plaintiff lent KRW 35,000,000 to Defendant B.

B. On January 25, 2006, the Plaintiff lent KRW 28,000,00 to Defendant C.

Defendant C agreed on December 24, 2008 to pay the above loan to the Plaintiff within the prompt period of time.

C. On February 16, 2007, the Plaintiff lent KRW 2,900,000 to Defendant D for delay damages at a rate of 66% per annum and on March 16, 2007. On February 21, 2007, the Plaintiff again lent KRW 50,000 to Defendant D for delay damages at a rate of 66% per annum and on March 21, 2007.

The Plaintiff, on February 20, 2007, lent 2,300,000 won to Defendant E for delay at 66% per annum and on March 20, 2007.

Defendant D jointly and severally guaranteed the above debt of Defendant E.

[Ground of Recognition] Defendant B and E: Judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant D by a deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the above facts of determination, Defendant B shall pay damages for delay calculated at the rate of 15% per annum from December 18, 2016 to the date of full payment after the complaint of this case was served on the Defendant; Defendant C shall pay damages for delay calculated at the rate of 15% per annum from October 6, 2016 to the date of full payment; Defendant D shall pay damages for delay calculated at the rate of 3,40,000 won per annum from the date of full payment to the date of full payment; Defendant D shall pay damages for delay within the rate of 15% per annum from the date of full payment to the date of full payment; Defendant D shall pay damages for delay within the rate of 5% per annum from March 22, 207 to the date of full payment; Defendant C shall pay damages for delay within the rate of 15% per annum from March 22, 2007 to the date of full payment; Defendant C shall pay damages for delay from March 22, 2007 to the date of full payment.