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(영문) 대구지방법원경주지원 2020.04.22 2019가단14021
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,00,000, and 5% per annum from September 5, 2016 to April 22, 2020.

Reasons

1. Indication of claim;

A. On July 4, 2016, the Plaintiff lent KRW 40 million to Defendant B.

B. Accordingly, the Defendants drafted and provided to the Plaintiff a loan certificate stating that the said money will be repaid between July 14, 2016 and September 4, 2016.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the said KRW 40 million and the damages for delay from September 5, 2016, which is the day following the due date for payment.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The Plaintiff partially dismissed part of each term: (a) filed a claim for the payment of interest from July 5, 2016, the following day of the lease, but there is no evidence to acknowledge that there was an agreement on the interest; (b) thereby, the Plaintiff recognizes only 5% per annum prescribed by the Civil Act from September 5, 2016 (from September 5, 2016 to April 22, 2020, the date following the due date of payment, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment) and the remainder claims are dismissed.

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