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(영문) 서울남부지방법원 2019.06.05 2018가단253691

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from January 11, 2019 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff lent KRW 50 million to the defendants operating a restaurant with the trade name "D" on February 28, 2014, and the defendants agreed to jointly and severally repay the above loan obligations, but it is recognized that only five million won has been repaid.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 45 million and damages for delay calculated at the rate of 15% per annum from January 11, 2019 to the date of full payment, which is the day following the final delivery of the copy of the instant complaint, as requested by the Plaintiff.

Defendant C set up a defense that the Defendants repaid the above borrowed money, but there is no evidence to acknowledge it, and the Defendant C’s assertion is without merit.

The plaintiff's claim is justified, and it is so decided as per Disposition with the assent of all participating Justices.