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(영문) 창원지방법원 2017.08.10 2017가단102252
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 50,00,000 and Defendant C from August 21, 2015 to February 24, 2017.

Reasons

Comprehensively taking account of the purport of the statement and the entire argument as to No. 1, the Plaintiff loaned KRW 50 million to Defendant B on August 20, 2015 by setting the due date for repayment on November 20, 2015, and KRW 2% of interest per month. When Defendant B delayed payment of interest two or more times, the benefit of the due date would be lost. At the time, Defendant C guaranteed the obligation of the above borrowed money, and Defendant B had not paid interest to the Plaintiff once.

According to the above facts, Defendant B lost the benefit of time by delaying the payment of interest two times or more, and the Plaintiff demanded the performance of the obligation by serving a duplicate of the complaint on the Defendant. As such, the period during which the above loan was due has arrived.

Therefore, Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay damages calculated at the rate of 15% per annum from August 21, 2015 to February 24, 2017 to Defendant C, Defendant B, and Defendant B, from May 9, 2017 to the date of full payment.

If so, the plaintiff's claim against the defendants is justified.

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