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(영문) 전주지방법원 정읍지원 2018.04.10 2016가단4158
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 37,00,000 and KRW 10,000,000 among them, from August 3, 2009 to 10,000.

Reasons

If the purport of the entire argument is added to the statements in Gap evidence Nos. 1 through 5 and Eul evidence Nos. 3 as to the cause of the claim, the defendants who operate the E-Government Land Point located in Jeonbuk-gun, Jeonbuk-gun, with interest rate of 2% on August 3, 2009 and the due date of repayment of 2% on February 3, 2010 shall be determined as of August 11, 2009; 2% on interest rate of 10,000,000 on February 6, 2010; 5,00,000,000 on June 16, 2014; 2% on interest rate of 2% on October 16, 2014; 3% on interest rate of 10,000,000 on August 5, 2014; 200, 2037, 2005.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 37,00,000 and KRW 10,000,000 among the loans, as to KRW 37,000 from August 3, 2009, KRW 10,000 from August 11, 2009, KRW 5,000,000 from June 16, 2014, KRW 5,000 from August 21, 2014, KRW 7,000,000 from March 3, 2015 to the Plaintiff, and as to KRW 5,00 from March 3, 2015 to November 9, 2016, KRW 15 per annum or delay damages as prescribed by the Civil Act, as the Plaintiff seeks from the date of delivery of a copy of the complaint of this case to the date of full payment.

Defendant B’s assertion, etc. defense that Defendant B paid KRW 10,00,000 among the above loans, but there is no objective evidence to acknowledge this. Thus, Defendant B’s defense is without merit.

Defendant B asserted that Defendant B cannot respond to the Plaintiff’s claim because F, a creditor against the Plaintiff, provisionally seized the Plaintiff’s loan claim against Defendant B against Defendant B as Defendant B’s garnishee. However, in general, even if there is a provisional seizure on the claim, it is the benefit from the garnishee.

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