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(영문) 서울중앙지방법원 2016.11.29 2016가단83014
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30,000,00 and 2.5% per annum from August 21, 2014 to August 21, 2015.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 13 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings, the plaintiff may recognize the fact that on August 21, 2014, the plaintiff jointly and severally guaranteed the defendant Eul's debt of this case against the plaintiff, 30,000,000 won at the interest rate of 2.5% per annum, due date for repayment, August 21, 2015 (hereinafter "the loan of this case"), and the defendant Eul guaranteed the defendant Eul's debt of this case against the plaintiff.

According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30,000,000 per annum 2.5% per annum pursuant to the agreement from August 21, 2014 to August 21, 2015, and from August 22, 2015 to the date of delivery of the instant payment order (from August 4, 2016 to June 23, 2016 to Defendant C), 5% per annum pursuant to the Civil Act, and 15% per annum pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

As to this, the Defendants asserted to the effect that Defendant B was invested in KRW 30,000,00 in return for the transfer of electric power business license in relation to the development of wind power generation complex between the Plaintiff and Defendant B, but did not borrow the said money. However, there is no evidence to acknowledge this, the Defendants’ assertion is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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