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(영문) 수원지방법원 2019.09.18 2019가단521614
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 85,00,000 won and the period from December 29, 2016 to June 19, 2019.

Reasons

1. On November 29, 2016, the Defendants jointly and severally borrowed KRW 145,00,000 from the Plaintiff from the Plaintiff and determine the due date as December 28, 2016, which followed the first month following the due date. The fact that the Defendants did not agree on interest does not conflict between the parties, or that the Defendants did not agree on interest pursuant to the purport of each of the statements and the entire pleadings set forth in subparagraphs A through 6.

According to the above facts, the Defendants jointly and severally liable to pay to the Plaintiff the amount of KRW 85,00,00,00 remaining after deducting the amount the Plaintiff was paid from the Defendants, and the interest rate of KRW 85,00 from December 29, 2016 to June 19, 2019, which is the last delivery date of the copy of the complaint of this case, 5% per annum under the Civil Act; Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) (amended by Presidential Decree No. 29768, May 21, 2019; Presidential Decree No. 29768, Jun. 1, 2019).

2. Each claim against the Defendants by the Plaintiff against the Plaintiff is justified within the scope of the above recognition, and each remaining claim is dismissed as it is without merit.

Provided, That the burden of litigation costs shall be determined by applying Article 98 and the proviso to Article 101 of the Civil Procedure Act to the defendant.

It is so decided as per Disposition for the same reasons above.

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