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(영문) 전주지방법원남원지원 2020.07.22 2020가단255

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150 million and each year from July 3, 2018 to April 11, 2020.

Reasons

1. On April 2, 2018, the Plaintiff indicated the claim and lent KRW 150 million to Defendant B as of July 2, 2018, with the due date set as of July 2, 2018, and Defendant C jointly and severally guaranteed Defendant B’s above loan obligation against the Plaintiff.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 150 million and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 3, 2018, which is the day following the due date for repayment to the Defendants, from April 11, 2020, which is the day after the last complaint is served to the Defendants, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. Grounds;

(a) Defendant B: Absence on the date for pleading, and judgment based on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)