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(영문) 수원지방법원안양지원 2016.07.15 2015가단18518
대여금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 97,550,000 and the interest rate from May 4, 2006 to the day of full payment.

Reasons

1. The Plaintiff, on May 3, 2006, lent KRW 100,00,00 to Defendant B for interest rate of KRW 1.5% per month and August 3, 2006 on the repayment date, and the fact that Defendant C guaranteed the above loan debt by means of joint and several guarantee by Defendant C may be recognized as either there is no dispute between the parties or by considering the overall purport of the pleadings as a whole.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay 97,550,000 won (=100,000,000 won - 2,450,000 won, and the Plaintiff’s statement that is appropriated for principal on the date of the second pleading) calculated by deducting the amount of 2,450,000 won paid to the Plaintiff jointly and severally by the Plaintiff, and damages for delay calculated by applying the rate of 18% per annum from May 4, 2006 to the date of full payment sought by the Plaintiff.

As to this, although the Defendants agreed to pay the payment to the Defendants to the Plaintiff by the companies that traded with the Defendants’ operating company, the Defendants asserted that the Plaintiff refused the payment and subsequently failed to repay the above borrowed amount due to the difficulties in the operation of the Defendants company, but the said assertion alone cannot be deemed to be exempted from the liability for payment.

2. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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