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(영문) 춘천지방법원강릉지원 2016.04.20 2015가단7110
대여금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 130 million and, among them, KRW 130 million.

A. As to KRW 100 million, from October 16, 2009 to April 2016.

Reasons

1. On October 15, 2009, the Plaintiff indicated the claim and lent KRW 100,000,000 to Defendant B with interest rate of KRW 700,000 per annum (8.4% per annum) as of October 30, 2010.

In addition, on February 3, 2010, the Plaintiff lent KRW 30,000,000 to Defendant B with interest rate of KRW 200,000 per month (per annum 8%) due on December 30, 2011.

Defendant C jointly and severally guaranteed each of the above obligations of Defendant C to the Plaintiff.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 130,000,000 won and 100,00,000,000 won with 8.4% per annum from October 16, 2009 to October 30, 2010; 15% per annum from the next day to the date of full payment; 30,000,000 won among them, with 8% per annum from February 4, 2010 to December 30, 201; and 15% per annum from the next day to the date of full payment.

2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.

3. The Plaintiff seeking payment of damages for delay pursuant to the ratio prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings even for the period from the day following the due date until the delivery date of a duplicate of the complaint of this case. However, the amount of damages for nonperformance of monetary obligations is calculated by the interest rate if there is an agreement rate (proviso of Article 397(1) of the Civil Act), and the statutory interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings applies from the day following the day when the complaint or other equivalent document was served on the obligor (main sentence of Article 3(1)

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