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(영문) 전주지방법원 2016.01.27 2015가단17427

대여금반환

Text

1. The Defendants jointly share KRW 50,000,000 to the Plaintiff and Defendant B with respect thereto from July 16, 2015, and Defendant C.

Reasons

1. The Plaintiff, on October 27, 2014, extended a loan of KRW 50 million to Defendant B on November 27, 2014, with the interest rate of KRW 2% per month, the due date of payment of interest, and November 10, 2016 (hereinafter “the instant loan”), and Defendant C’s joint and several liability. Defendant C paid the Plaintiff interest amounting to KRW 460,00,000 on November 10, 2014, and interest rate of KRW 1 million on December 10, 2014, and the Plaintiff did not pay interest to the Plaintiff. The Plaintiff asserted that the instant loan was insufficient to acknowledge that the instant contract was rescinded by means of service by public notice on April 27, 2015. However, the Plaintiff’s expression of intent to lend the instant loan to Defendant B at the time of cancellation of the contract was insufficient to acknowledge that the instant loan was to be made.

According to the above facts, the defendants jointly restore to the original state due to the cancellation of contract, and as the plaintiff seeks against the plaintiff, the defendant Eul is liable to jointly pay 20% per annum from July 16, 2015 after the delivery of the copy of the complaint of this case to the plaintiff; from June 6, 2015 after the delivery of the copy of the complaint of this case to September 30, 2015 to September 30, 2015; Article 2(2) of the Addenda of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings; Article 3(1) of the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective Oct. 1, 2015); and Article 3(1)5 of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings to the date of full payment.

As above, the Plaintiff is recognized.