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(영문) 인천지방법원부천지원 2020.06.25 2020가단1907
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70 million and the amount therefrom from January 24, 2020 to the day of complete payment.

Reasons

Upon the request of the Defendants, the Plaintiff lent KRW 70 million to the Defendants seven times from March 10, 2017 to March 6, 2019, including the Plaintiff’s lending of KRW 15 million to the Defendants from March 10, 2017. The Defendants prepared a certificate of borrowing with the intent to repay the above borrowed amount of KRW 70 million in March 2019 and delivered a letter to the Plaintiff, and there is no dispute between the parties.

Therefore, the Defendants are obligated to pay the Plaintiff the above loan amount of KRW 70 million and damages for delay, unless there are special circumstances.

As to this, the defendants asserted that the maturity date of the above loan was March 30, 2020, but the defendants did not perform the installment repayment and lost the benefit of time. Thus, the defendants' above assertion is rejected.

Therefore, the Defendants are obligated to pay to the Plaintiff delay damages at the rate of 12% per annum from January 24, 2020 to the day of full payment, which is the following day after the original copy of the instant payment order was delivered to the Defendants, as sought by the Plaintiff.

The plaintiff's respective claims against the defendants are reasonable, and all of them are accepted, and it is so decided as per Disposition.

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