beta
(영문) 수원지방법원 2015.01.16 2014가합9796

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 435,950,00 and KRW 100,000 among them. From March 1, 2014, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 435,950,00.

Reasons

1. The Defendants indicated in the claim borrowed 10,000,000 on April 14, 2004 from the Plaintiff on July 31, 2004 at the maturity of the payment period of KRW 3% on July 31, 2004, and additionally borrowed 58,00,000 on August 3, 2004 at the maturity of the payment period of KRW 58,00,000 on August 9, 2004 and interest rate of KRW 10% (loan interest) per annum.

However, from May 2004 to February 2014, Defendant B paid only KRW 62,00,000 as interest and delay damages, and Defendant C paid only KRW 150,000 as damages for delay around September 2006.

Therefore, the Defendants jointly and severally liable to the Plaintiff for the repayment of KRW 158,00,00 and KRW 100,000 and KRW 100,00 as the following day of the loan from April 15, 200 to February 28, 2014, and the rate of interest and delay damages at the rate of KRW 285,000 per annum from April 15, 2004 to February 28, 2014 as the interest and delay damages from KRW 62,150,00 repaid by the Defendant B and C, and KRW 22,850,000 and KRW 58,000, KRW 10,000 and KRW 20,000 per annum from the following day of the loan from KRW 10,000 to KRW 20,000, KRW 300,000 per annum, respectively, and KRW 10,505,000 per annum and delay damages from the Plaintiff.

2. Applicable provisions;

(a) Defendant B and D: Judgment by each service by public notice (Article 208(3)3 of the Civil Procedure Act);

B. Defendant C: the judgment based on the assertion of confession, Article 208(3)2 of the Civil Procedure Act.