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(영문) 대전지방법원 2015.04.28 2014가단226366
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 30,00,000 and for this, KRW 12% per annum from July 13, 2013 to November 24, 2014.

Reasons

1. The Plaintiff, via E, lent KRW 30,00,00 to Defendant C, respectively, with the interest rate of KRW 10,00,000 on June 12, 2013 and the due date of repayment on December 28, 2014; ② the interest rate of KRW 1% on May 29, 2014; and the due date of repayment on September 15, 2015; ③ the interest rate of KRW 10,00,000 on each of the above loans was determined as the interest rate of KRW 2% on September 15, 2014; and through E, the Plaintiff received each of the above loans from the Defendants through E.

[Ground of Recognition] Defendant B, C: A without dispute, entry of Gap evidence Nos. 1 through 5 (including branch numbers if there are branch numbers) and the purport of the whole pleadings

2. Determination as to the claim

A. According to the facts of the recognition of the claim against Defendant B and C, Defendant B is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 12% per annum from July 13, 2013, which is the day following the day when the copy of the complaint in this case was served to the above Defendant from July 13, 2013 to November 24, 2014, and at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day when the copy of the complaint in this case was served to the above Defendant. Defendant C is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 25,00,000 won per annum from June 30, 2014 to the day when the copy of the complaint in this case was served to the above Defendant, and each of the following day after the day when the complaint in this case was served to the day when the copy was served to the above Defendant.

B. Claim 1) With respect to Defendant D’s claim, the Plaintiff’s indication was set at 2% per month interest on September 15, 2014 and lent KRW 10,000,000 to the said Defendant as well as interest or delay delay damages KRW 2): Articles 208(3)1 and 257 of the Civil Procedure Act

3. According to the conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition by admitting it.

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