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(영문) 광주지방법원 2015.01.30 2014가합5960
대여금 등
Text

1. The Plaintiff:

A. Defendant B: (a) from December 26, 2014 to the date of full payment of KRW 99,900,000; (b)

B. Defendant D.

Reasons

1. Claim against Defendant B and D

(a) The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 and 2 together with the purport of the entire pleadings:

1) The Plaintiff loaned to Defendant B the sum of KRW 9,90,000,00 on six occasions from September 17, 2004 to December 1, 207, as shown in the following table, to Defendant B’s account. Of the above loans, KRW 80,00,000,00 lent to Defendant B on September 17, 2004 shall be deemed to have been repaid on December 31, 2005, monthly principal amount of KRW 5,000,000 and interest of KRW 2,00,000,000 from 0.6,000,000,000 within one year from the date of borrowing; and the Plaintiff set the remaining loans to 0.6,00,000,0000 won under the name of 0,000,0000 won under the name of 0,005,000 won under one year from the date of borrowing; and

The method of payment of the lending amount on the date of the sequence 15, 200 on July 15, 2004 to the passbook of KRW 10,000,000 on July 15, 2004, "won of KRW 10,000 on July 15, 2004, " KRW 40,000 on September 14, 2004" of KRW 6,000 on September 6, 2004, " KRW 5,000 on October 3, 200,000 on October 6, 2004, " KRW 65,000 on October 26, 2004; and KRW 44,000,000 on a aggregate of KRW 44,00,000 on October 26, 204.

B. According to the above facts, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 16, 2014 (the day following the delivery of the copy of the complaint in this case against Defendant B) to December 26, 2014 (the day after the delivery of the copy of the complaint in this case against Defendant B), Defendant D is obligated to pay the Plaintiff damages for delay calculated at the rate of 44,000,000 per annum from September 16, 2014 (the day after the delivery of the copy of the complaint in this case against Defendant D) to the day of full payment, which the Plaintiff seeks.

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