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(영문) 수원지방법원 2016.09.08 2016가단501770
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 40,000,000 and Defendant B with respect thereto from August 7, 2014 to March 31, 2016.

Reasons

On August 7, 2014, the Plaintiff leased KRW 40,000,00 to Defendant B, the president of the D Association, for a contract for the removal work, with the interest rate of KRW 10,00,00 per annum and the maturity of payment on May 14, 2015. At that time, Defendant C’s joint and several debt guarantee by Defendant C against the Plaintiff may be acknowledged by comprehensively taking into account the overall purport of the pleadings between the Plaintiff and Defendant B in each of the items in subparagraphs 1 through 3. The Plaintiff and Defendant C may be acknowledged by either a dispute between the parties, or by taking into account the overall purport of the pleadings in each of the items in subparagraphs 1 through 3.

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the above KRW 40,00,000 as well as damages for delay at the rate of 10% per annum from August 7, 2014, the above borrowing date to March 31, 2016, which is the delivery date of a copy of the complaint of this case, and interest or damages for delay at the rate of 15% per annum from the next day to the full payment date under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which is the delivery date of a copy of the complaint of this case, and Defendant C is liable to pay interest or damages for delay at the rate of 10% per annum from August 7, 2014 to February 12, 2016, which is the delivery date of a copy of the complaint of this case.

Therefore, the plaintiff's claim is justified, and all of them are accepted.

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