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(영문) 서울남부지방법원 2015.05.29 2013가합17743
대여금
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 96,931,914 and KRW 90,260,493 among them. From February 8, 2013 to February 2015.

Reasons

1. Basic facts

A. On July 11, 2006, the Plaintiff lent each of the loans to Defendant C, one of its own punishment, without setting interest and the due date for payment.

On September 21, 2007, Defendant C agreed to pay KRW 105,000,000 to the Plaintiff by February 29, 2008 (A evidence 4 stated that the due date of the above loan shall be February 30, 2008; however, according to Article 160(3) of the Civil Act, Defendant C guaranteed Defendant C’s above loan obligation as the due date, which is the end of February 29, 2008, pursuant to Article 160(3) of the Civil Act.

(hereinafter “instant reimbursement agreement”). B.

On January 30, 2008, KRW 5,00,000, KRW 5,000,000 on January 31, 2008, and KRW 5,000,000 on February 1, 2008, KRW 3,000,000 on March 24, 2008, KRW 1,000,00 on April 28, 2008, and KRW 40,000 on July 28, 200, and KRW 3,000 on June 7, 2011, and KRW 19,60,000 on interest and maturity.

C. The Plaintiff loaned Defendant C KRW 23,680,00,00 in total, KRW 23,000,00 on January 29, 2008, KRW 20,000 on January 18, 2011, KRW 600,000 on April 15, 2011, KRW 50,000 on May 12, 2011, and KRW 30,000 on May 18, 201, and KRW 23,680,00 on September 1, 201, without specifying interest and maturity.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 6, and 7, the purport of the whole pleadings

2. Determination

A. 1) According to the above facts, barring any special circumstance, Defendant C is liable to pay to the Plaintiff delay damages from the date following the Plaintiff’s claim for payment of each of the above amounts, with respect to ① Defendant C borrowed 105,000,000 won jointly as the principal debtor, Defendant B as the guarantor, ② Defendant C borrowed 23,680,000 won, Defendant B’s 19,600,000 won, and each of the above amounts from the date when the Plaintiff claimed payment of each of the above amounts to the Defendants, respectively. 2) The Plaintiff is liable to pay delay damages from the date when the Plaintiff claimed payment of each of the above amounts to the Defendants.

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