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(영문) 서울동부지방법원 2015.01.30 2014가단132212

대여금

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2014 to September 29, 2014.

Reasons

1. According to the facts that there is no dispute over the cause of the claim and the purport of Gap's evidence Nos. 1 through 4 and the whole pleadings, with respect to the repayment of KRW 25 million that the plaintiff lent to the KINS, May 17, 2011, the joint and several liability obligor C at the time of the above loan, as the joint and several liability obligor C, to the plaintiff on September 17, 2013, "I will pay the plaintiff KRW 10 million up to October 31, 2013, and the remaining KRW 15 million up to December 31, 2013," and the defendant's joint and several liability obligation under the above agreement is recognized. Thus, the defendant is jointly and severally liable to the plaintiff for the payment of KRW 25 million up to the date of the above agreement and delay damages up to 200,500,0000,000,000 as the joint and several liability obligor, which is determined by the Civil Act, from the next day to the date of the agreement.

2. As to the Defendant’s assertion, the Defendant asserted that the Defendant’s claim is unreasonable since the amount of principal debt on October 28, 201 exceeds KRW 16,14,533,00,000,000,000 for the debtor of the said loan, KRW 2.5 million on July 20, 201, KRW 250,000 on August 17, 201, KRW 250,000 on September 20, 201, KRW 1.5 million on September 28, 2011, and the amount of principal debt on October 28, 201 exceeds that of KRW 16,533,00,000,000,000 on July 25, 2011, since the claim of this case was based on the agreement prepared on September 17, 2013, which was after the Defendant’s reimbursement as alleged by the Defendant, the Defendant’s claim of this case is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.