beta
(영문) 대전지방법원 2018.10.18 2017가단220451

대여금

Text

1. The defendant's KRW 40,000,000 and as to this, 5% per annum from September 25, 1997 to August 13, 2007 and August 14, 2007 to the plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the purport of the argument as to Gap evidence No. 1, around June 24, 1997, the plaintiff was not paid KRW 40,00,00 with joint and several surety of the defendant, and the plaintiff applied for a payment order against Eul and the defendant under Daejeon District Court 2007Guj9418, and the above court applied for a payment order for the above loan payment order on June 25, 2007. "C and the defendant jointly and severally agreed to the plaintiff, 5% per annum from September 25, 1997 to the day of delivery of the original payment order, 20% per annum from the next day to the day of full payment, and 30% per annum from the next day to the day of full payment. The above payment order was suspended on September 14, 2007; and each of the above defendant's objection against C and the above defendant did not become final and conclusive on August 13, 2007.

B. According to the above facts, the Defendant, as a joint and several surety of C, is obligated to pay to the Plaintiff damages for delay calculated by the rate of 5% per annum from September 25, 1997 to August 13, 2007, the service date of the above payment order, as the joint and several surety of C, to the Plaintiff, with 20% per annum from August 14, 2007 to September 30, 2015, and 15% per annum from the next day to the day of full payment.

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

참조조문