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(영문) 서울동부지방법원 2014.09.17 2014가단29309
대여금반환
Text

1. The Defendants: (a) each of the Plaintiff KRW 55,00,000; and (b) Defendant B from July 19, 2014; and (c) Defendant C from July 2014.

Reasons

The Plaintiff loaned KRW 55,00,000 to Defendant B on August 24, 2010 as the due date set on November 24, 2010; the fact that Defendant C guaranteed the Defendant B’s obligation (joint and several guarantees, without any evidence to acknowledge that it is a joint and several guarantees; the Plaintiff’s obligation is regarded as a simple guarantee); etc. may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the pleadings as stated in the evidence No. 1.

Therefore, the Defendants are obligated to pay to each Plaintiff the amount of KRW 55,00,000 and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the day on which the instant complaint was served (for Defendant B, the service was served on July 18, 2014; and for Defendant C, July 13, 2014) to the day of full payment, as sought by the Plaintiff.

If so, the plaintiff's claim is reasonable and acceptable.

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