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(영문) 수원지방법원성남지원 2020.06.16 2019가단16504
대여금
Text

The Defendants jointly and severally liable to the Plaintiff for KRW 130,00,000 and the Defendants from January 1, 201 to November 8, 2019.

Reasons

1. Facts of recognition;

A. around May 26, 2010, the Plaintiff lent KRW 80 million to Defendant B, and KRW 50 million to the Plaintiff around that time, Defendant B agreed to pay KRW 50 million out of the total amount of KRW 130 million to the Plaintiff until December 31, 2010, and the remainder of KRW 80 million until March 31, 201, KRW 20 million until June 30, 201, KRW 20 million until September 30, 201, KRW 20 million until September 30, 201, and KRW 20 million until December 31, 2011.

B. In addition, the Plaintiff and Defendant B agreed to pay, around December 31, 2010, KRW 500,000 per month with respect to the interest on the said loan, and to pay, on the 20th day of each month, the remainder of KRW 80,000 per annum when Defendant B repaid KRW 50,000 per annum on December 31, 2010, and to pay, on the 20th day of each month, the amount calculated at the rate of KRW 10% per annum from January 1, 2011 when Defendant B pays KRW 80,000 per annum. In addition, the Plaintiff and Defendant B agreed to pay, at once, once the said installment repayment is made, the interest shall be lost immediately, and the total amount of

C. Defendant C jointly and severally guaranteed the above debt owed to the Plaintiff by Defendant C, and Defendant B did not repay the above debt amounting to KRW 50 million until December 31, 2010, which is due.

[Reasons for Recognition] Defendant B: A without dispute, entry of evidence No. 1, and the purport of the whole pleadings: Article 208(3)2 of the Civil Procedure Act (self-consceptive Judgment)

2. According to the above facts of determination, the Defendants are obligated to pay to the Plaintiff the amount of KRW 130 million from January 1, 201, which is the day following the due date for payment, to November 8, 2019, which is the day of service of the copy of the instant complaint; Defendant C is obligated to pay the Plaintiff damages for delay calculated at each rate of 10% per annum, which is the rate of 10% per annum, and 12% per annum, which is the day of service of the copy of the instant complaint until October 25, 2019, which is the day of service of the copy of the instant complaint; and each of the following days until the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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