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(영문) 서울남부지방법원 2016.04.26 2016가단527

대여금

Text

1. The defendant shall be jointly and severally and severally with C to the plaintiff KRW 30,000,00 and the period from September 16, 2014 to December 7, 2015.

Reasons

1. Facts of recognition;

A. On May 15, 2013, the Plaintiff: (a) determined the interest rate of KRW 30,000,000 to the Defendant and C at 12% per annum (one hundred thousand won per month) and the due date of repayment on November 15, 2013 and lent it to the Defendant and C.

B. The Plaintiff is a person who was paid interest by September 15, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is jointly and severally liable with C to pay the Plaintiff 30,000,000 won and delay damages at each rate of 12% per annum from September 16, 2014 to December 7, 2015, on which the original copy of the instant payment order was served on the Defendant from September 16, 2014, which is the day following the date of the final payment of interest, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

B. The defendant's assertion is alleged to the purport that the claim of this case is groundless since he paid the amount corresponding to the amount borrowed by the defendant to the plaintiff via C, but there is no evidence to acknowledge it, and the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.