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(영문) 청주지방법원 2018.01.11 2017가단109465
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 20 million and the Plaintiff’s 5% per annum from December 13, 2006 to September 29, 2007.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 3, the Plaintiff of the Korea Industrial Bank of Korea invested KRW 300 million to Defendant B on December 19, 1997. Defendant B failed to return the said investment amount to the Plaintiff. The Plaintiff determined the repayment amount to the Plaintiff on December 13, 2006 with Defendant B as KRW 200 million. During December 2006, the Plaintiff agreed to pay KRW 30 million to the Plaintiff and the remainder amount to be paid KRW 17 million each month. At the time, the Plaintiff jointly and severally agreed that the Plaintiff shall pay KRW 10 million each month. However, since the Defendants failed to pay the said agreed amount properly, the Plaintiff applied for the payment order to the Plaintiff at the rate of KRW 20 million and the Plaintiff’s payment order from December 13, 2006 to 205 per annum 70% per annum.

B. According to the above facts of recognition, unless there are special circumstances, the defendants are jointly and severally liable to pay the amount stated in paragraph (1) of this Article to the plaintiff.

2. As to the Defendants’ assertion, the Defendants asserted to the effect that they fully repaid the amount claimed by the Plaintiff, but there is no evidence to acknowledge this. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, each of the plaintiff's claims against the defendants against the defendants is justified and it is so decided as per Disposition by the assent of all.

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