(영문) 광주지방법원 2015.01.27 2014가단39720

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(영문) 광주지방법원 2015.01.27 2014가단39720

대여금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 17,123,00 and the interest rate from July 1, 2014 to the day of full payment.

Reasons

1. According to the evidence No. 1 of the judgment as to the cause of claim No. 1, the plaintiff set KRW 70 million to Defendant B on August 20, 2004 as interest rate of KRW 10,00,000,000 from the above amount to December 1, 2004, and lent the remainder amount to Defendant C and D without due date for payment. The fact that the plaintiff received KRW 52,87,000 from the defendants of the above loan amount from the defendants is the person, and barring special circumstances, the defendants are jointly and severally liable to pay damages for delay at a rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 1, 2014, which is the day following the day of delivery of a copy of the complaint of this case to the day of full payment.

2. On March 25, 2007, the Defendants asserted that the Plaintiff’s claim of this case is unjustifiable, since they paid Damond’s principal amount of loan 22 million won remaining after payment between the Plaintiff and the Plaintiff as a substitute payment and settled the balance in full.

In light of the above facts, although there is no dispute between the Defendants on March 25, 2007 between the Plaintiff and the Defendants, it is insufficient to acknowledge that the Plaintiff and the Defendants agreed to pay the remainder of the loan by payment in lieu of payment in lieu of payment in kind, and there is no other evidence to acknowledge otherwise. Rather, in full view of the overall purport of the entries and arguments in subparagraph 2, subparagraph 1, and subparagraph 1, the Defendants agreed to pay the remainder of the loan amount of KRW 22 million until December 31, 2007 to the Plaintiff by December 31, 2007, while taking into account the entire purport of the entries and arguments in subparagraph 2, subparagraph 1, and subparagraph 1, subparagraph 1, the Defendants agreed to pay the remainder of the loan amount of KRW 22 million to the Plaintiff by December 31, 2007.

‘The fact that the ‘certificate of custody' has been drawn up.

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