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(영문) 대전지방법원 2015.12.02 2015가합104408

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 473,00,000, and 5% per annum from September 18, 2014 to September 6, 2015.

Reasons

1. Basic facts

A. On September 18, 2012, the Plaintiff loaned KRW 473,00,000 to Defendant B, which was due on September 17, 2014.

B. On the same day, Defendant C jointly and severally guaranteed the Defendant C’s above loan obligation against the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 473,00,000 won and 5% per annum as stipulated in the Civil Act from September 18, 2014, the following day after the due date for payment, to September 6, 2015, the delivery date of a copy of the complaint in this case, and 20% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015); and the damages for delay calculated at each 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to the day after full payment is made.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.