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(영문) 서울중앙지방법원 2019.11.26 2019가단9079
대여금 청구의 소
Text

1. The Defendants jointly and severally against the Plaintiff KRW 70,000,000 and against the Defendant B from December 16, 2011.

Reasons

On July 14, 2011, the Plaintiff loaned KRW 70,000,00 to Defendant B with the due date set on December 15, 2011; Defendant C does not dispute between the parties, or is recognized in full view of the purport of the entire pleadings in the statement of evidence No. 1.

According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 70,00,000 as well as 15% per annum for the Defendant B from December 16, 201, which is the following day after the due date for payment, to March 13, 2019; 5% per annum for Defendant C until April 4, 2019, which is the delivery date of a copy of the complaint of this case; and 5% per annum for each of the following following days until May 31, 2019; and 15% per annum for the statutory interest rate under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); and the next day until the due date is fully paid, the damages for delay calculated by 12% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

(2) The plaintiff's damages for delay in excess of this part are without merit). Therefore, the plaintiff's claims against the defendants are justified within the scope of the above recognition, and each remaining claims are dismissed as they are without merit.

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