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(영문) 서울중앙지방법원 2017.03.23 2016가단119135
대여금
Text

1. Defendant B is KRW 75 million for the Plaintiff, and Defendant C is jointly and severally with Defendant B for the amount of KRW 50 million for each of them.

Reasons

1. Facts of recognition;

A. On February 27, 2015, the Plaintiff determined KRW 75 million to Defendant B as of February 27, 2016 and lent it at 30% per annum.

B. Defendant C is the above.

From February 27, 2016 to the date of full payment, 50 million won and interest and damages for delay calculated at the rate of 30% per annum were jointly and severally guaranteed.

(Evidence Evidence attached) Defendant B: The judgment by public notice (Article 208(3)3 of the Civil Procedure Act). Defendant C is without dispute, each entry in the evidence Nos. 1 and 2, the purport of the whole pleadings, and the whole purport of the pleadings (Evidence No. 1) (Evidence No. 1)

2. Therefore, barring special circumstances, Defendant B is obligated to borrow the borrowed amount of KRW 75 million with the Plaintiff, and Defendant C is jointly and severally liable with Defendant B to pay the above amount of KRW 50 million with interest and delay damages.

Although Defendant C asserts that the above joint and several guarantee was invalidated or cancelled as it was made by coercion or deception, the above assertion is not accepted, there is no evidence to prove it.

Therefore, Defendant B is obligated to pay interest and delay damages at the rate of 25% per annum, which is an agreement within the scope of the Interest Limitation Act, from February 27, 2015 to the date of repayment, to the date of repayment, jointly and severally with Defendant C, and jointly with Defendant B.

3. If so, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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