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(영문) 서울북부지방법원 2017.10.17 2017가단111755

대여금

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 29,00,000 and 5% per annum from July 14, 2017 to October 17, 2017.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

(However, the creditor shall be deemed the plaintiff and the debtor.

2. Judgment by service: The Plaintiffs under Article 208(3)3 of the Civil Procedure Act asserted that the Defendants paid the above amount by May 28, 2014. However, each of the descriptions of the evidence Nos. 1, 2, and 3 is insufficient to recognize it, and there is no other evidence to acknowledge it.

3. If so, the Defendants are jointly and severally liable to resist to the Plaintiff as to the existence and scope of the obligation to pay KRW 29,00,000 and the amount calculated at the rate of 5% per annum from July 14, 2014, which is the day following the delivery date of a copy of the instant complaint, to October 17, 2017, and 15% per annum from the next day to the day of complete payment. Thus, the Plaintiff’s claim against the Defendants is justified within the above scope of recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.