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(영문) 서울중앙지방법원 2017.01.10 2016가단5206430

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,00,000 and the interest rate thereon from August 31, 2016 to the date of full payment.

Reasons

1. Each fact in the attached Form of the judgment on the cause of claim does not conflict between the Plaintiff and Defendant B, and the Plaintiff and Defendant C can be acknowledged by adding the whole purport of the pleadings to the statement in subparagraph 1. According to this, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 28,00,000 and damages for delay calculated at the rate of 25% per annum for the Plaintiff within the agreed interest rate from August 31, 2016 to the date of full payment.

2. As to the judgment on Defendant B’s assertion, Defendant B did not dispute the fact that he borrowed KRW 28,00,000 from the Plaintiff and the fact that Defendant B agreed to pay damages for delay calculated at the rate of 3% per month if the principal and interest were delayed. However, Defendant B’s defense to the purport that the agreement to pay damages for delay at the rate of 3% per month would result in a compelling atmosphere at the time. However, there is no evidence to acknowledge that the Plaintiff’s unfair coercion against Defendant B for unjust profits would lead to the above agreement. Thus, Defendant B’s aforementioned assertion is rejected.

3. If so, the plaintiff's claim against the defendants is reasonable, and all of them are accepted. It is so decided as per Disposition.