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(영문) 서울중앙지방법원 2017.07.11 2015가합21573

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 450,000,00 and Defendant B from January 1, 2008 to October 7, 2015.

Reasons

Comprehensively taking account of the overall purport of the arguments in the testimony by the witness D, the Plaintiff loaned to the Defendant B a sum of KRW 400 million in total, which is KRW 50 million on October 11, 2005, KRW 50 million on January 18, 2006, KRW 300 million on March 30, 2007, KRW 400 million on September 6, 2007, and the Defendant B paid KRW 450 million to the Plaintiff or KRW 250 million on December 6, 2007, KRW 12.5 billion on the debt of the Plaintiff, KRW 12.5 billion on June 37, 2008, KRW 12.5 billion on the debt of the Plaintiff, and KRW 50 million on June 37, 2008.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the total amount of KRW 450 million and the amount of KRW 450 million from January 1, 2008 following the date following the date on which the repayment agreement is concluded, to October 7, 2015; Defendant B is obligated to pay damages for delay at each rate of KRW 50 million per annum prescribed by the respective Civil Act until January 19, 2016; and KRW 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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