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(영문) 인천지방법원 2015.02.06 2014가단215122
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 60,238,356 and KRW 60,000 among them, from March 28, 2006.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1, Gap evidence No. 2 and the whole arguments as to the cause of the claim, the plaintiff lent 60 million won to the defendant Eul on February 27, 2006 to the defendant Eul as the maturity date, the interest rate of March 27, 2006, the interest rate of 5% per annum, the overdue interest rate of 7% per annum (in the event that interest is not paid, the interest shall be added to the principal and the loan principal). The defendant Eul guaranteed the above loan obligations of the defendant Eul on the same day, and the defendants did not pay the principal and interest of the above loan by the maturity date.

According to these facts of recognition, barring any special circumstance, the defendants are jointly and severally liable to pay to the plaintiff the above 60 million won and the above 60 million won at the rate of 5% per annum from February 27, 2006 to March 27, 2006 (=60,000,000 won per annum x 5% per annum x 365 days x 29 days x 365 days x 60,238,356 won, and damages for delay calculated at the rate of 7% per annum from March 28, 2006 to the day of full payment as sought by the plaintiff.

2. As to the defendants' assertion, the defendants asserted that they repaid all the above loan obligations, but there is no evidence to acknowledge this. Thus, the above assertion is without merit.

3. If so, each claim against the Defendants against the Plaintiff is with merit, and it is so decided as per Disposition with the assent of all participating Justices.

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