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(영문) 수원지방법원성남지원 2016.12.20 2016가단8991

대여금

Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 18,100,00 and the period from October 13, 2015 to September 23, 2016.

Reasons

1. Facts of recognition;

A. On August 9, 2006, the Defendant: (a) agreed on August 9, 2006 to the Plaintiff to pay KRW 30,000,000 to the Plaintiff’s obligation to the Plaintiff; and (b) C jointly and severally guaranteed the said obligation from October 2006 to October 30,000.

B. The Defendant repaid the sum of KRW 11,900,000 up to September 12, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 3, the purport of whole pleading, and the purport of whole pleading

2. According to the above facts, since the defendant did not comply with the installment payment agreement and lost the benefit of time, the defendant is jointly and severally liable with C to pay to the plaintiff the balance of 18,100,000 won and the day following the date on which the benefit of time is lost. As the plaintiff seeks, 5% per annum under the Civil Act from October 13, 2015 to September 23, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

If so, the plaintiff's claim is reasonable and acceptable.