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(영문) 서울동부지방법원 2015.04.24 2014가합6907
어음금
Text

1. The Plaintiff:

A. Defendant A shall be KRW 3 billion and 20% per annum from September 30, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. On September 10, 2013, the Plaintiff leased KRW 2 billion to Defendant A, and was issued a promissory note with the face value of KRW 2 billion and the due date on December 30, 2013 by Defendant A.

C and Defendant B, on the same day, endorsed each of the promissory notes as a guarantee for the above loans owed by Defendant A.

B. On October 31, 2013, the Plaintiff leased KRW 1 billion to Defendant A, and was issued a promissory note with the face value of KRW 1 billion and the due date on December 30, 2013.

On the same day, Defendant B endorsed to the said Promissory Notes as a guarantee for the above loan obligation of Defendant A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, Defendant A is obligated to pay to the Plaintiff the above loan amount of KRW 3 billion ( KRW 1 billion) and damages for delay calculated at the rate of KRW 20 percent per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 30, 2014 to the date of full payment, as the Plaintiff seeks from September 30, 2014, which is the day following the delivery of the copy of the complaint of this case, to the day of full payment. Defendant B is jointly with Defendant A and as the Plaintiff seeks after the due date, to pay damages for delay calculated at the rate of KRW 3 billion per annum from June 24, 2014, which is the day following the delivery of the copy of the complaint of this case to the day of full payment. The Plaintiff’s claims against the Defendants are with merit.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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