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(영문) 대구지방법원 경주지원 2018.07.18 2018가단1103

대여금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and 5% per annum from December 1, 2013 to July 18, 2018.

Reasons

On April 3, 2013, the Plaintiff lent KRW 40 million to Defendant B as of November 30, 2013, and Defendant C jointly and severally and severally guaranteed the above loan obligations are recognized pursuant to the evidence No. 1 or there is no dispute between the parties concerned (the Defendant asserts that the claim in this case should be dismissed because the Plaintiff created a collateral security right on the real estate owned by Defendant B with the above loan as a collateral obligation. However, such fact alone does not interfere with the Plaintiff’s seek payment of the loan in this case as a lawsuit). The Defendants jointly and severally and severally liable to pay to the Plaintiff the above loan amounting to KRW 40 million and its repayment due date from December 1, 2013 to July 18, 2018, the judgment of this case was rendered at least five percent per annum under the Civil Act, and damages for delay calculated at the annual rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(Plaintiffs asserted to the effect that they promised to pay interest of 10% per annum with the Defendants, but there is no evidence to acknowledge it).