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(영문) 인천지방법원 2016.10.06 2015가단241494

대여금

Text

1. The Defendant: (a) KRW 107,00,000 for the Plaintiff and 5% per annum from January 29, 2011 to November 19, 2015; and (b) the Plaintiff.

Reasons

1. The following facts of recognition are not in dispute between the parties or may be acknowledged by combining the whole purport of the pleadings in each entry in Gap evidence 1-1 to 6.

On August 5, 2009, the Plaintiff loaned KRW 20 million to C, which was separately decided on August 5, 2009, as of September 5, 2009. At the time, the Defendant provided joint and several surety for the above obligation to return the loan.

B. In addition, the Plaintiff lent five times the following money to the Defendant.

1) Around September 3, 2009, the repayment period of KRW 20 million was set and lent as of October 3, 2009. 2) Around May 4, 2010, the repayment period of KRW 40 million was set and lent as of July 4, 2010.

3) Around May 12, 2010, KRW 10 million was determined and lent as of June 11, 2010, and as of June 11, 2010. 4) around June 14, 2010, KRW 10 million was determined and lent as of July 14, 2010.

5) Around January 6, 2011, the payment period of KRW 7 million was set and lent as of January 28, 201. According to the aforementioned facts of recognition on January 2, 201, the Defendant is obligated to pay to the Plaintiff a total of KRW 107,000,000 (joint and several surety KRW 20,000,000,000 and KRW 87,000,000,000,000,000 and as the Plaintiff seeks, the following day of the last loan from January 29, 2011 to November 19, 2015, the delivery date of a copy of the complaint of this case, and damages for delay at each rate of KRW 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.