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(영문) 대전지방법원 2020.08.13 2020가단4246
대여금
Text

Of the lawsuits in this case, the part concerning the demand procedure cost claim shall be dismissed.

The defendants are jointly and severally liable to the plaintiff for 50,000,000 won.

Reasons

1. As to the legitimacy of the part concerning the claim for the payment of the expenses for demand procedure, the Plaintiff seek payment of KRW 261,400 for the payment of the expenses for demand procedure in Daejeon District Court 2019j5683 case.

However, the cost of demanding procedure is part of the cost of lawsuit, and there is no benefit to seek reimbursement of the cost of lawsuit after the judgment becomes final and conclusive (see, e.g., Supreme Court Decision 9Da68577, May 12, 200), and there is no benefit to seek reimbursement of the cost of lawsuit in accordance with the provisions of the Costs of Civil Procedure Act (see, e.g., Supreme Court Decision 99Da68577, May 12, 200). Of

2. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 of the judgment on the cause of the claim No. 1 (the Defendants’ seal affixed to the above documents are identical to the seal impression No. 2-1, 2 (Certificate of Seal Imprint), and the authenticity of the entire document is presumed to have been established, the Plaintiff, on January 20, 2014, extended KRW 50,000 to Defendant C on July 1, 2014; the interest rate of KRW 20% (payment as of July 1, 201; the last day of each month); if the above Defendant delayed the payment of interest three times or more, he/she shall lose the benefit of the time and lose the entire remaining debt; and the Defendants jointly and severally guaranteed the above loan debt owed by Defendant C to the Plaintiff; and the Defendants did not pay interest to the Plaintiff from February 2, 2014.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50,000,000 as well as damages for delay calculated by the rate of 20% per annum from June 1, 2014 to the date of full payment, which is agreed upon by the Plaintiff.

3. In conclusion, the part of the claim for the expenses of demand procedure in the lawsuit of this case is unlawful and dismissed, and the remainder of the plaintiff's claim is accepted as a reasonable ground and it is so decided as per Disposition.

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