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(영문) 수원지방법원 2018.01.24 2017가단533491

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 60,000,000 won and the interest rate of 15% per annum from September 19, 2017 to the date of full payment.

Reasons

The Plaintiff is jointly and severally liable on August 7, 2017 and the due date for repayment was determined as August 31, 2017 and lent KRW 60,000,000 (hereinafter “instant loan”) to the Defendants, barring any dispute between the parties. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 19, 2017 to the day of full payment, which is the day following the delivery of the copy of the instant complaint sought by the Plaintiff, to the day of full payment.

The Defendants asserted to the effect that it is unfair for the Defendants to demand the repayment of the instant loan from Defendant C as the collateral for the instant loan (the evidence submitted by the Defendants alone is insufficient to recognize the Defendants’ assertion, and otherwise, D acquired the Defendant’s obligation of the instant loan with the exemption of liability for the instant loan, on the following grounds: (a) the Plaintiff was given an investment share contract (the evidence No. 4, No. 2, Defendant C, and Defendant C around June 2017; (b) the Defendant C invested KRW 150,00,000 in the business of constructing a new house for the E-Japan in the case of Gwangju where D proceeds; and (c) D agreed to pay 40% of the proceeds to Defendant C; and (d) the amount of the instant loan was directly paid by Defendant C among the proceeds that Defendant C is paid to Defendant C.; (b) the evidence submitted by the Defendants alone is insufficient to acknowledge the Defendants’ assertion.

Inasmuch as there is no evidence to regard it as acting on behalf of the Defendants, the above assertion by the Defendants is without merit.

The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.