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(영문) 대전지방법원논산지원 2016.07.07 2015가단3825
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 40,000,000 and Defendant B from October 9, 2012 to January 14, 2016.

Reasons

1. On January 6, 2012, the Plaintiff indicated the claim against Defendant C on the joint and several guarantee of Defendant C and lent KRW 30 million to Defendant B at interest rate of 3% per month, and additionally lent KRW 10 million under the same condition as on October 8, 2012.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 40 million won and interest or delay damages at the rate of 5% per annum as requested by the Plaintiff within the agreed rate from October 9, 2012 to the delivery date of a duplicate of the complaint of this case, which is the day following the last lending date, and at the rate of 20% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(Provided, That since October 1, 2015, the statutory interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings has been reduced to 15% per annum, a claim for damages for delay in excess shall not be accepted). 2. The grounds therefor

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act)

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