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(영문) 창원지방법원밀양지원 2020.09.11 2020가합10076
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1.53 billion and KRW 1.2 billion, which shall be fully paid to the Plaintiff from October 26, 2016.

Reasons

1. The defendant B and C is the married couple, and the defendant D is the male East E of the defendant C.

From January 10, 2013 to March 10, 2014, the Plaintiff loaned total of KRW 1.5 billion to the Defendants as of December 31, 2016 and as at 1.5% per interest.

The Defendants paid KRW 300 million out of the leased principal on March 25, 2015, and KRW 6 million out of the interest on October 25, 2016, and did not pay KRW 330 million out of the remainder of the leased principal and interest until October 25, 2016.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the total amount of KRW 1.53 billion (i.e., the remaining principal of the loan amounting to KRW 333 billion) and damages for delay from October 26, 2016 to the date of full payment of the remainder principal of the loan amounting to KRW 1.2 billion.

2. Grounds for recognition;

A. Judgment by public notice by Defendant B or C (Article 208(3)3 of the Civil Procedure Act)

B. Judgment based on the recommendation of confession made by Defendant D (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

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