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(영문) 수원지방법원안양지원 2015.11.19 2015가단13384

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 21,00,000 and each year from September 13, 2013 to July 15, 2015.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff set the due date of repayment of KRW 30 million to defendant B on November 30, 2005, 1% of interest month, and interest payment date of December 20, 2006, and the fact that defendant C guaranteed the above debt of defendant B.

Therefore, barring any special circumstance, Defendants are jointly and severally obligated to pay to the Plaintiff the remainder of KRW 21 million, excluding the remainder of KRW 9 million that the Plaintiff was paid out of the above loan amount of KRW 30 million, and as the Plaintiff seeks, from September 13, 2013 to July 15, 2015, the agreement rate of KRW 12% per annum until July 16, 2015, and the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 16, 2015 to September 30, 2015 (Amended by Presidential Decree No. 26553, Sep. 25, 2015); and damages for delay calculated annually from October 1, 2015 to the date when the original copy of the instant payment order was served to the Defendants.

On November 3, 2014, Defendant B made a defense that he/she paid interest of KRW 600,000 to the Plaintiff on November 3, 2014, but there is no evidence to acknowledge it, and therefore the said defense is

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.