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(영문) 수원지방법원 2016.09.08 2016가합72620

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200 million and the interest rate of KRW 43 million from August 13, 2016 to the date of full payment.

Reasons

On September 25, 2013, the Plaintiff leased KRW 150 million to Defendant B on June 30, 2014, with the due date set as KRW 50 million and penalty as KRW 500 million. The Defendant C Co., Ltd, on the same day, guaranteed the Defendant B’s obligation to the Plaintiff.

Since then, on November 22, 2013, the Plaintiff extended the Defendants a total of KRW 243 million to November 24, 2015, including additional loans of KRW 20 million to the said Defendants. On November 24, 2015, the Defendants drafted a certificate of borrowing that the Defendants jointly borrow KRW 243 million to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the principal amount of KRW 243 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 13, 2016 to the day of full payment, which is the day following the delivery of the written complaint.

[The defendant was notified of the date by public notice pursuant to Articles 194 through 196 of the Civil Procedure Act and did not appear on the date of pleading. Thus, only the matters necessary to specify the claim pursuant to Article 208(3)3 of the Civil Procedure Act are stated in the reasoning of the judgment]