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(영문) 대구지방법원포항지원 2020.04.23 2019가단6315

대여금

Text

1. The Plaintiff:

A. Defendant B: (a) KRW 90 million out of KRW 150 million; and (b) from April 10, 2017 to January 15, 2020.

Reasons

1. The Plaintiff, on September 22, 2016, lent KRW 150 million to D on December 31, 2016, at 2016, KRW 24% per annum, and Defendant B entered into a guarantee agreement with the Plaintiff on April 10, 2017.

D The inheritor died on November 21, 2019, respectively, and on January 22, 2020 among the inheritors, the waiver of inheritance and the declaration of qualified acceptance on the same day as that of Defendant C were accepted respectively.

[Ground] Facts without dispute, Gap evidence Nos. 1-8 (including paper numbers), the purport of the whole argument

2. As the Plaintiff’s guarantor, Defendant B claimed payment of KRW 90 million among D’s loan obligations of KRW 150 million and damages for delay calculated by 12% per annum from April 10, 2017 to January 15, 2020, the date when the contract was concluded, which is the date when the copy of the complaint of this case was served. From January 16, 2020 to April 23, 2020, when the dispute between Defendant B and April 23, 2020, which is the date when the decision of this case was rendered, 5% per annum under the Civil Act, and the Plaintiff claimed payment of damages for delay calculated by 12% per annum from the day following the day when the copy of the complaint of this case was served to the day when the copy of the complaint of this case was repaid. However, as long as the claim of this case became final and conclusive due to the illegality of the written claim of this case, the Plaintiff’s claim for damages for delay against Defendant B did not have any reasonable grounds for the judgment against the Plaintiff.

From April 24, 2020 to the date of full payment, 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be liable to pay interest and delay damages.

Defendant C, as sought by the Plaintiff in collaboration with Defendant B within the scope of inheritance from the network D, is an objection by Defendant C from April 10, 2017 to January 15, 2020, the agreed rate of 24%, and the next day from January 16, 2020 to January 16, 202, as sought by the Plaintiff.