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(영문) 수원지방법원여주지원 2020.07.02 2019가단6951

대여금

Text

The Defendant (Appointed Party) and the Selectioner C in the attached list shall jointly and severally be KRW 100,000,000 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On May 4, 2009, the Plaintiff lent 100 million won interest to the Defendant (Appointed Party) on a yearly basis and on December 30, 2009. The Appointed Party C guaranteed the Plaintiff’s above loan obligation with the Defendant (Appointed Party)’s joint and several liability. 2) The Defendant (Appointed Party) paid the Plaintiff the money corresponding to the monthly interest by June 3, 2010, and thereafter did not pay the said loan principal and damages for delay thereafter.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 8 and the purport of the whole pleadings]

B. According to the above facts of recognition, C jointly and severally liable to pay to the Plaintiff the amount of KRW 100,000,000 from June 4, 2010, which is the day following the last payment date of interest on the loan, and to the Defendant (Appointed Party) from June 4, 2010, which is the day of service of the original copy of the instant payment order, to October 24, 2019; to the Appointed C, the rate of KRW 7.8% per annum, which is the agreed interest rate until April 23, 2020; and to the day of full payment from the next day to the day of full payment, damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

2. Conclusion, the plaintiff's claim can be accepted in entirety, and it is so decided as per Disposition by admitting it.