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(영문) 대구지방법원 2019.10.17 2019가단3469

대여금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 30,000,000 won and the amount thereof from August 9, 2019 to October 17, 2019.

Reasons

1. Facts of recognition;

A. On July 27, 2012, the Plaintiff leased KRW 30,000,00 to Defendant B (alias) on July 27, 2012 (the president and the Plaintiff’s amendment as of March 18, 2019, indicated as of July 27, 2014, are obvious that the Plaintiff is a clerical error) as of June 27, 2015, and Defendant C, who is Defendant B’s children, jointly and severally guaranteed the payment period.

(B) B between the Plaintiff and the Defendant, both the Plaintiff and the entire purport of the Plaintiff’s evidence Nos. 1 and 3-1 and the entire purport of the pleadings, and between the Plaintiff and the Defendant C, pursuant to Article 150(3) and (1) of the Civil Procedure Act.

In other words, on April 23, 2014, the Plaintiff paid KRW 25,000,000 to Defendant B.

On June 27, 2015, the loan was due and extended on June 27, 2015

(A) According to the above facts of recognition, the defendants are jointly and severally liable for damages to the plaintiff according to the above facts of recognition.

The loan amounting to KRW 30,00,000 and damages for delay calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 9, 2019 to October 17, 2019, when the plaintiff seeks as a result of the due date (the day following the date on which the plaintiff's written correction of the purport of the claim and the cause of the claim, as of July 2, 2019, was delivered to the defendants), which is the date of this decision, shall be paid from August 9, 2019 to October 17, 2019.

And Defendant B above 1.B to the Plaintiff.

The loan amounting to KRW 25,00,000 and damages for delay calculated at each rate of 5% per annum under the Civil Act from August 9, 2019 to October 17, 2019, which is the date of this decision, when the plaintiff seeks as a result of the due date after the due date, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Plaintiff

The claim is justified, and it is so decided as per Disposition.