beta
(영문) 창원지방법원 밀양지원 2018.05.09 2018가단345

대여금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 123,00,000 and Defendant B with respect thereto from February 21, 2018.

Reasons

1. The assertion and judgment

A. Comprehensively taking account of the purport of the evidence No. 1 and the entire pleadings, the Plaintiff leased KRW 123 million to Defendant B on September 1, 2017 as the due date for reimbursement on September 8, 2017, and Defendant C Co., Ltd may recognize the fact that it has jointly and severally guaranteed the above loan obligation of Defendant B. Thus, Defendant B is the primary debtor, and Defendant C Co., Ltd is jointly and severally liable to pay the Plaintiff a loan of KRW 123 million as a joint and several surety and the damages for delay.

B. As to this, Defendant B asserted that KRW 50 million of the above loan debt was discharged from liability to two grandchildren Co., Ltd., but there is no evidence to acknowledge this.

C. Therefore, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from January 6, 2018 to the day of full payment, as requested by the Plaintiff, following the service of the application for the instant payment order, as sought by the Plaintiff.

2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.