beta
(영문) 인천지방법원 2019.06.13 2016가단61220

대여금

Text

1.(a)

Defendant C and D shall jointly and severally pay to the Plaintiff KRW 35 million and shall be from April 1, 2017 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the overall purport of the pleadings as to the claim amounting to KRW 35 million against Defendant C and D, and evidence Nos. 1, 2, and 7, and evidence Nos. 14-1, the Plaintiff loaned KRW 35 million to Defendant C on February 1, 2010 as the end of December, 2010. In this case, Defendant D is recognized to have guaranteed the Plaintiff’s joint and several debt amounting to Defendant C.

According to the above facts of recognition, Defendant C and D are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 1, 2017 to the day of full payment, which is the day following the day when a duplicate of the complaint of this case was served on the said Defendants, as requested by the Plaintiff, as the amount of KRW 35 million and after the due date.

B. Comprehensively taking account of the purport of the entire arguments in the statement Nos. 3 through 6 of the claim amounting to KRW 80 million against Defendant B and D, and evidence Nos. 14, the Plaintiff loaned KRW 80 million to Defendant B on July 23, 2010 after setting the due date for repayment one year from the date of lease. In this case, Defendant D is recognized as a joint and several surety for the Plaintiff’s above obligation against the Plaintiff.

According to the above facts of recognition, Defendant B and D are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 1, 2017 to the day of full payment, which is the day following the day when a duplicate of the complaint in this case was served on the said Defendants, as requested by the Plaintiff, as the payment period for the damages for delay calculated from April 1, 2017 to the day of full payment.

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