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(영문) 서울중앙지방법원 2015.10.14 2015가단5161356

대여금

Text

1. The Defendants jointly and severally pay KRW 23,196,457 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. In full view of the purport of the entire arguments in the evidence No. 1-1, No. 2, and No. 2 of the evidence No. 1-1, and No. 2, the facts constituting the grounds for the claim (However, “creditor” and “debtor” may be acknowledged as the defendant) and there is no counter-proof.

2. The Defendants asserted to the effect that, since the Korea Savings Bank provided sufficient collateral to the Korea Savings Bank Co., Ltd. (hereinafter “Stock Company”) at the time of the instant loan, if the Korea Savings Bank immediately exercised the security right after the maturity date, the amount of debt, such as overdue interest, may have been increased in the wind to delay the exercise of the security right despite the fact that all of the principal and interest of the instant loan could have been recovered. Thus, the Defendants

However, solely based on the facts alleged by the Defendants, it is difficult to readily conclude that the Korea Savings Bank neglected to collect claims and caused damage to the Defendants, and on such grounds, the Defendants cannot oppose the Plaintiff’s claim. Therefore, the Defendants’ assertion cannot be accepted.

3. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid interest amounting to KRW 23,196,457.

The plaintiff's claim against the defendants shall be accepted in entirety on the grounds of the reasons.