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Reasons
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(영문) 광주지방법원 2016.12.16 2016가단24562
대여금
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1. The Defendants jointly and severally committed against the Plaintiff KRW 80,000,000 and Defendant B from January 1, 2016 to June 16, 2016.

Reasons

1. Determination on the cause of the claim

A. On September 29, 201, the Plaintiff determined and lent KRW 30,000,000 to Defendant B as 1.5% per month on September 29, 201. (2) The Plaintiff thereafter determined and lent KRW 80,000,000 to Defendant B at interest rate of KRW 1.5% per month.

3) Defendant B prepared a loan certificate for KRW 80,000,000 and paid interest at the interest rate of KRW 1.5% per month to the Plaintiff as at the end of each month. Of the above loan, KRW 20,000,000 as at the end of January 2014, Defendant B decided to pay KRW 20,000 as at the end of May 2014, and the remainder of KRW 20,000 as at the end of July 18, 2014. Defendant B again drafted a repayment plan for KRW 80,000 to the Plaintiff on September 18, 2014, Defendant B paid KRW 20,000 as at the end of November 30, 2014, and paid KRW 60,000 to the Plaintiff up to June 30, 2015.

5) On January 6, 2015, the Defendants: (a) drafted and drafted a repayment plan for the said borrowed money to the Plaintiff; and (b) decided to pay the Plaintiff KRW 20 million up to July 30, 2015; and (c) the remainder of KRW 60 million up to April 30, 2016. (f) The Defendants paid interest on the said borrowed money up to December 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant C Limited Company (hereinafter “Defendant Company”) against Defendant B and the primary debtor is jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 18% per annum, which is the agreed interest rate, from January 1, 2016, which is the day following the date of final interest payment, to the date of service of a duplicate of the complaint in this case (Defendant B B, June 16, 2016, and June 15, 2016), and each of the following day to the date of full payment, with 15% per annum as prescribed by the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings.

2. Judgment on the defendants' assertion

A. The Defendants’ assertion by the Defendants are KRW 30 million from the Plaintiff.

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