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(영문) 부산지방법원 2017.09.12 2017가단319763
대여금
Text

1. The Defendants jointly committed against the Plaintiff KRW 100,000,000 and KRW 50,000 among them, from July 11, 2017 to 50.

Reasons

1. Facts of recognition;

A. On December 18, 2014, the Plaintiff lent KRW 250,000,00 to Dong Jae-in, a partner, to the Defendants. D loaned KRW 100,000,000 out of the said money to the Defendants, and Defendant C Co., Ltd agreed on April 25, 2016 to pay KRW 50,000,000 to the Plaintiff on the day.

However, on October 24, 2016, Defendant B guaranteed Defendant C Co., Ltd’s debt of KRW 50,000,000, and the Plaintiff extended the repayment period for the said loan debt to the Defendants until August 24, 2017.

B. On July 14, 2016, the Plaintiff lent KRW 50,000,00 to Defendant C Co., Ltd. at the maturity of payment of KRW 1.6% on May 13, 2017, and the interest rate of KRW 1.6% on the same day. Defendant B guaranteed the Defendant C Co., Ltd’s debt on the same day.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 10, the purport of whole pleadings

2. According to the above facts of recognition, the Defendants jointly pay to the Plaintiff KRW 100,000,000 (= KRW 50,000,000) and KRW 50,000,00 of the secondary loans, as sought by the Plaintiff, with respect to KRW 50,00,000 from July 11, 2017 following the last service of the original copy of the instant payment order, and from August 25, 2017, with respect to KRW 50,000 of the first loan, the Defendants are obligated to pay damages for delay at a rate of 15% per annum prescribed by the Civil Act from August 25, 2017 following the due date to which each Defendants are deemed reasonable to dispute the scope of their obligations from August 25, 2017 to September 12, 2017, and from the next day to the due date to the date of full payment.

The Plaintiff sought payment of damages for delay at the rate of 15% per annum from the date following the last service of the original copy of the instant payment order with respect to KRW 50,000,000 for the first loan until August 24, 2017. However, the repayment period of the first loan was extended until August 24, 2017. However, during the period from July 11, 2017 to August 24, 2017, the date following the last service of the original copy of the payment order for the first loan.

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