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(영문) 창원지방법원마산지원 2016.06.29 2016가단101092
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and the Defendants Company A and B from October 16, 2015.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) issued a copy of the electronic bill (hereinafter “instant electronic bill”) dated October 16, 2015, the face value of which is KRW 40 million, and the due date for payment, and received endorsement from Defendant C Co., Ltd. (hereinafter “Defendant C”), and received discount from the Plaintiff.

B. When Defendant A refused to pay the instant electronic bill, on October 16, 2015, Defendant A agreed to repay KRW 40 million to the Plaintiff by November 10, 2015, and agreed to pay 2% interest per month until repayment, and 3% interest per month after November 10, 2015. Defendant B guaranteed the said contractual obligation.

C. Defendant C, an endorser of the instant electronic bill, agreed to repay KRW 40 million to the Plaintiff by October 15, 2015, and agreed to pay 2% interest per month until repayment is made, and 3% interest per month after October 15, 2015. Defendant D guaranteed the said contractual obligation.

[Grounds for Recognition as to Defendant A and B] Each confession [Grounds for Recognition as to Defendant C and D], without dispute, the entries in Evidence No. 1-1 and 2, and the purport of the whole pleadings

2. If so, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 40 million with the agreed interest rate of KRW 25% per annum from October 16, 2015 to November 10, 2015; and damages for delay at the rate of KRW 24% per annum from the following day to the date of full payment; and damages for delay at the rate of KRW 25% per annum within the agreed interest rate as they seek by the Plaintiff within the scope of the agreed interest rate; Defendant C Co., Ltd. and D shall be liable to pay damages for delay at the rate of KRW 25% per annum as they seek from October 16, 2015 to the date of full payment. Accordingly, the Plaintiff’s claims against the Defendants are with merit and shall be accepted. It is so decided as per Disposition.

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