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(영문) 부산지방법원서부지원 2020.10.27 2020가단104574
대여금
Text

The Defendants jointly and severally against the Plaintiff KRW 70,000,000 and the Defendants against Defendant B from February 24, 2020.

Reasons

1. Facts of recognition;

A. On October 24, 2018, the Plaintiff loaned KRW 100 million to Defendant B, agreed on the repayment date on August 24, 2019, and Defendant C guaranteed Defendant B’s above loan obligation on the same day.

B. The Plaintiff received reimbursement of KRW 30 million in total from Defendant B, including KRW 20 million on August 30, 2019, and KRW 10 million on October 1, 2019.

[Ground for recognition] Defendant B: A without dispute; Gap evidence 1-2; Eul evidence 1-1-2; Eul evidence 1-2-1 and 2-2; defendant C: Service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 70 million (i.e., KRW 100 million - KRW 30 million) and damages for delay calculated at each rate of 12% per annum under the Civil Act from February 24, 2020 to February 30, 2020 to the Defendant B, who is the delivery date of the complaint, as the payment date, from February 24, 2020 to the Plaintiff; 5% per annum for Defendant C until May 30, 2020 to the full payment date; and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date.

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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