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(영문) 수원지방법원평택지원 2019.07.24 2019가단53875
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 45,00,000 and Defendant B with respect thereto from April 30, 2019, and Defendant C with respect thereto.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1, the Plaintiff is acknowledged as follows: (a) on January 17, 2019, the Plaintiff borrowed KRW 45 million from the Plaintiff on August 10, 2016; and (b) on January 25, 2019 through September 25, 202, the Plaintiff repaid to the Plaintiff in installments the amount of KRW 1 million each month from January 25, 2019 to September 25, 202; (c) on one occasion, Defendant B would delay the payment of the said installment, would lose the benefit of time, and repay all the amount unpaid to the Plaintiff; and (d) Defendant C would jointly and severally guarantee Defendant B’s debt of the said installment; and (e) the fact that Defendant B failed to pay the installment at all after the execution of the notarial deed.

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff 45 million won and damages for delay calculated at the rate of 12% per annum from the day following the day when the instant complaint was served on the Defendants (Defendant B, April 30, 2019; April 26, 2019) to the day of full payment (Defendant C, April 26, 2019) to the day of full payment.

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