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(영문) 서울서부지방법원 2015.06.17 2014가단36125
대여금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 65,00,000 and Defendant B and D with respect thereto from August 2, 2014, and Defendant C with respect thereto.

Reasons

On June 22, 2010, the Plaintiff lent KRW 70 million to Defendant B as of November 20, 2010. Defendant C guaranteed the above loan, and Defendant B failed to fully repay the loan. In the process, the Plaintiff filed a criminal complaint with Defendant B, and Defendant D, who is Defendant B’s son, promised to pay the above amount directly to Defendant B, is recognized in accordance with the evidence Nos. 1 and 2.

As to this, although Defendant B and D did not dispute the above loan, there is an amount to be settled with the Plaintiff, such as the claim that Defendant B would have to receive payment from the Plaintiff, and in the absence of such settlement, Defendant D’s assertion that the payment commitment is null and void, but there is no evidence to acknowledge the fact that Defendant B would have to receive payment from the Plaintiff. Therefore, it is difficult to accept Defendant B and D’s assertion.

Therefore, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum from August 2, 2014 to the day of delivery of a copy of the complaint of this case as to the above borrowed money and 65,000,000 won from the above borrowed money, and Defendant C is obligated to pay damages for delay calculated at the rate of 20% per annum from April 1, 2015 to the day of full payment. Accordingly, the Plaintiff’s claim for this payment is justified and it is so decided as per Disposition.

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