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(영문) 광주지방법원순천지원 2016.06.16 2015가단16150
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,204,301 as well as the interest rate from June 1, 2003 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 8, 1999, the Plaintiff lent KRW 20 million to Defendant A at an interest rate of 10.5% per annum, 19.5% per annum, 19.5% per annum, and 204 on July 8, 2004, and Defendant C and D jointly and severally guaranteed this.

B. On December 19, 2005, the Plaintiff filed a lawsuit against the Defendants for a loan claim with the court 2005 Ghana 11013, and rendered a favorable judgment against the Plaintiff that “the Defendants jointly and severally pay to the Plaintiff the amount calculated at the rate of 19.5% per annum from June 1, 2003 to the date of full payment,” and the said judgment became final and conclusive on January 16, 2006.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings (the defendant C shall serve by public notice, and the defendant D shall be deemed to have been admitted)

2. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 20,204,301 won in the balance of the principal and interest of the loan and delay damages calculated at the rate of 19.5% per annum as stipulated in the loan agreement of this case from June 1, 2003 to the date of full payment.

As to this, Defendant A asserted that he was granted a decision to grant bankruptcy in the court around December 2015, but did not submit any evidence to acknowledge it. Thus, Defendant A’s above assertion is without merit.

3. Conclusion of the Plaintiff’s claim against the Defendants is accepted in entirety.

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