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(영문) 서울북부지방법원 2020.02.18 2018가단7082
차용금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and each year from August 28, 2018 to May 31, 2019.

Reasons

1. The Defendants’ determination as to the cause of the claim was a merchant who operated the original processing plant as a husband and wife, and the Defendants borrowed KRW 40,000,000 from the Plaintiff to cover the cost of relocation of a factory and the cost of purchasing machinery around July 201 (hereinafter “the instant loan”) without any dispute between the parties, or recognized by comprehensively taking account of the overall purport of the pleadings in the statement in subparagraphs A and 3.

Therefore, the Defendants jointly and severally agreed on KRW 40,00,00 and the following day after the delivery of a copy of the instant complaint to the Plaintiff, were 15% per annum from August 28, 2018 to May 31, 2019, and the provisions on statutory interest rate of the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, Etc., with 12% per annum from the next day to the day of full payment, were promulgated on May 21, 2019, and entered into force on June 1, 2019. Since the argument was concluded after the enforcement date of the above amended provisions (as of June 1, 2019), the aforementioned amended provisions (as of May 21, 2019), the aforementioned amended provisions (as of May 21, 2019), the legal interest rate of 15% per annum and the following day after the delivery of the claim for the instant disposition and the claim for modification shall be applied.

have the obligation to pay the money so calculated.

2. Determination as to the defendants' defense

A. The Defendants asserted that they borrowed the instant loan for the purpose of operating a factory with D, E (hereinafter “D, etc.”), and for the purpose of using it as its management fund. After cancelling the contract with D, etc., D, etc., they were discharged from the said loan obligations, and thereafter D, etc. partially repaid the loan.

Therefore, the Plaintiff’s claim seeking the performance of the instant loan obligations against the Defendants is without merit.

B. (1) Article 454 of the Civil Act provides that a third party assumes an obligation based on a contract with the obligor and discharges the obligor’s obligation.

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