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(영문) 창원지방법원 2016.04.06 2015가합2027
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 80,000,000 as well as 5% per annum from January 1, 2009 to June 22, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff lent to Defendant B a total of KRW 320 million, including KRW 10 million on March 10, 2006, KRW 30 million on April 14, 2006, KRW 70 million on May 29, 2006, KRW 40 million on September 28, 2006, KRW 320 million on October 17, 2006, and KRW 80 million on October 17, 2006.

B. Around November 4, 2007, Defendant B repaid KRW 80 million to December 31, 2008, and agreed with the Plaintiff on November 5, 2008 to repay KRW 240 million to December 31, 2009, respectively, and Defendant C jointly and severally guaranteed Defendant B’s obligation to pay KRW 240 million to the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition:

A. From January 1, 2009, the day following the agreed repayment date for the loan amount of KRW 80 million to the Plaintiff; from January 22, 2015, the original copy of the instant payment order was served on Defendant B; from June 22, 2015, Article 3(1) of the Civil Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015; Article 2(1) of the Addenda of the former Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015; Presidential Decree No. 26553; hereinafter the same) on statutory interest rate of Article 3(1) of the former Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26535, Sep. 25, 2015; hereinafter the same) provides for the annual interest rate of Article 3(1) to 3015.

B. In addition, the Defendants jointly and severally agreed to the Plaintiff with a loan of KRW 240 million, and Defendant B with respect to this, from January 1, 2010 following the date following the agreed repayment date, until June 22, 2015, the original copy of the instant payment order was served on Defendant B, Article 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until September 30, 2015.

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