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(영문) 대구지방법원 2017.11.21 2017가단17846
대여금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 90,00,000 and 5% per annum from December 1, 2016 to September 28, 2017.

Reasons

1. Loan credits;

A. On September 1, 2016, the Plaintiff: (a) lent to Defendant B KRW 36 million on September 1, 2016; (b) KRW 54 million on September 2, 2016; and (c) KRW 90 million on September 2, 2016, the due date for repayment was determined and lent as November 30, 2016.

B. Defendant B’s LAC jointly and severally guaranteed the Defendant B’s debt to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, the purport of the whole pleadings and arguments

2. Conclusion

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 90 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from December 1, 2016 to September 28, 2017, which is the date following the agreed repayment period, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of final delivery of the copy of the instant complaint, from September 28, 2017.

B. Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.

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