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(영문) 대전지방법원 2015.02.12 2014가단40968

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 525,173,078 and KRW 289,646,124, respectively, from October 8, 2014.

Reasons

1. The facts constituting the cause of the claim in the annex of the claim do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in each entry in Gap evidence of subparagraphs 1 through 3 (including each number in case of a tentative number); and

[Provided, That with respect to the construction of Defendant Hyeong Construction Co., Ltd. and Defendant B, the Defendants jointly and severally pay to the Plaintiff KRW 525,173,078 as well as KRW 289,646,124 as well as KRW 529,64,66,124, respectively, from October 8, 2014 to December 5, 2014; ② Defendant A is up to December 10, 2014; ② Defendant B is up to December 10, 2014; ③ Defendant B is up to 18% per annum based on each agreed delay damages rate until October 29, 2014; and KRW 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until the date of full payment; and Defendant A and Nonparty B are liable to pay damages for delay within the limit of KRW 390,000,00 per each of the agreed delay damages rate.

In this regard, the defendant A merely asserts that he applied for bankruptcy, and there is no particular assertion or proof.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.