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(영문) 수원지방법원평택지원 2016.05.12 2015가합2173
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 226,300,000 won and the period from October 17, 2015 to March 9, 2016.

Reasons

1. Facts of recognition;

A. From March 2015 to September 2015, the Plaintiff leased KRW 250,000,000 in total to Defendant B on several occasions at the time the Plaintiff demanded repayment. Defendant C jointly and severally guaranteed the Defendant B’s debt.

B. Around October 2015, the Plaintiff demanded the Defendants to repay the loan claims. Accordingly, the Defendants paid the Plaintiff KRW 4,000,000 on October 13, 2015, and KRW 17,000,000 on October 16, 2015, but did not pay the remainder.

[Ground of recognition] The items of evidence Nos. 1 and 2(s) and the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally obligated to pay to the Plaintiff 229,00,000,000 won calculated by deducting the above repayment amount of KRW 21,00,000 as the Plaintiff’s holder from the above loan amount of KRW 229,00,000,000, and damages for delay at the rate of KRW 226,30,000, which the Plaintiff seeks from October 17, 2015 to March 9, 2016, which is obviously from the record that the Plaintiff is the delivery date of the copy of the instant complaint, and from the next day to the date of full payment, the damages for delay at the rate of KRW 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. In conclusion, the plaintiff's claim of this case is dismissed on the grounds of its reasoning. It is so decided as per Disposition.

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