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(영문) 수원지방법원성남지원 2016.07.05 2016가단206696
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 31,300,000 and KRW 8,505,000 among them, from April 1, 2013, and KRW 21,795.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 5, the Plaintiff loaned KRW 26,00,000,000 to the Defendants, who operated the automobile parts company with the trade name “D”, and KRW 26,00,000,00,000 on August 10, 2012, including KRW 16,00,000, and KRW 21,795,000,00 in total, around October 2012, the Defendants provided the Plaintiff with the automobile parts equivalent to KRW 21,795,00,00. The Defendants, on October 10, 2012, issued a loan to the Plaintiff to the effect that the said loan would be repaid by March 31, 2013, and the Defendant C prepared and paid the loan amount to the Plaintiff on December 31, 2012 to the effect that the automobile parts were re-paid within the contract period.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 6,495,500 from the Defendants until December 31, 2012, and the Defendants paid KRW 11,00,000 in total to the Plaintiff between April 2, 2013 and January 2015, there is no dispute between the parties.

According to the above facts, the defendants are jointly and severally liable to the plaintiff, as the plaintiff seeks, to appropriate the defendants' repayment to the principal of the bonds, and as seen thereafter, the repayment period for the loan comes earlier than the due date for the payment of the goods. Thus, the above repayment amount shall be appropriated to the loan.

Of 30,300,000 won and the loan balance of 8,505,000 won (loans 26,000,000 won 6,495,000 won 11,000,000 won) the following day following the due date for repayment shall be liable to pay damages for delay calculated at each rate of 15% per annum as prescribed by the Commercial Act from April 1, 2013 to July 30, 2014, the following day of the due date for payment of 21,795,000 won, and from July 5, 2016, the date when each of the Defendants becomes liable for dispute over the existence and scope of the obligation for performance by each of the Defendants until July 5, 2016, and from the following day to the date of full payment, 6% per annum as prescribed by the Act on Special Cases concerning the Promotion of Legal Proceedings.

The plaintiff also claims damages for delay from April 1, 2013 for the price of goods.

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