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(영문) 서울동부지방법원 2015.11.30 2015가단16553
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 120,000,000 and the period from September 1, 2001 to December 14, 2004.

Reasons

According to the evidence No. 1, Defendant B borrowed KRW 230,00,00 from E on May 24, 2001, but failed to repay it. On August 15, 2002, Defendant B agreed to pay in installments the sum of KRW 250,00,000 in August 22, 2002 and 31 (hereinafter “instant contract deposit”), Defendant C, and D jointly and severally guaranteed the instant contract deposit obligation; the Plaintiff filed a lawsuit against the Defendants on November 5, 2004 under the court No. 13470, and received a final judgment from the Defendants on December 14, 2004 (hereinafter “instant lawsuit”), and the court accepted each of the instant claims from the Defendants on December 14, 2004, and accepted all of the final judgment of the court below as the Plaintiff’s final judgment of June 25, 205 (hereinafter “instant claim”).

Therefore, the defendants are obligated to pay to the plaintiff 121,235,240 won (250,000,000-128,764,760 won) out of the remainder of the contract amount of this case and damages for delay at the rate of 5% per annum from September 1, 2001 to December 14, 2004, which is the last delivery date of the copy of the complaint of this case, as requested by the plaintiff, and from September 1, 2001 to December 14, 2004, 200% per annum from 121,235,240 won (250,000 won - 128,764,760 won). Since the lawsuit of this case was filed on April 27, 2015, the plaintiff's claim for the protection of rights and interests of this case shall also be accepted as the plaintiff's claim for the benefit of this case.

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