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(영문) 수원지방법원여주지원 2020.01.09 2018가단56386

대여금

Text

1. Defendant B and D jointly and severally against the Plaintiff KRW 55,00,000 and the Defendant B from June 23, 2011.

Reasons

1. Determination as to the plaintiff's claim against the defendant B and D

A. The description of the claim is as shown in the annexed sheet of claim.

(b) Judgment to be rendered as the confession under the applicable law (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

C. From June 23, 2011, the day following the due date for repayment, Defendant B and D jointly and severally with the Plaintiff, Defendant B and D are jointly and severally obligated to serve the Plaintiff a copy of the instant complaint from June 23, 201 to November 14, 2018; Defendant D are 5% per annum under the Civil Act until December 5, 2018; each of them is 3% per annum from the following day to May 31, 2019; Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings; the main sentence of Article 3(1) of the main sentence of Article 3(2) of the Addenda of the former Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (hereinafter “the statutory interest rate regulation”); Article 2(2) of the former Act (amended by Presidential Decree No. 2978, May 21, 2019; Article 3(1)5% per annum from the following day to the due date of enforcement of each lawsuit.

(A) The Plaintiff filed a claim for payment of 5% per annum from June 23, 2011 to the delivery date of a copy of the instant complaint, and damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment. However, since statutory interest rate provisions were amended as of June 1, 2019 to apply the rate of 12% per annum from June 1, 2019, the Plaintiff’s damages for delay exceeding the above-mentioned damages for delay cannot be recognized as part of the Plaintiff’s claims against Defendant C.

A. On November 29, 2010, the Plaintiff agreed to perform the entire obligation of the Defendants to the Defendants and lent KRW 55 million to the Defendants on June 22, 201 with due date set on June 22, 201. As such, Defendant C jointly and severally with Defendant B and D to pay the Plaintiff the borrowed amount of KRW 55 million and delay damages in the purport of the claim.