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(영문) 서울중앙지방법원 2016.04.08 2016가합505313
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 450,000,000 and KRW 200,000 among them, from April 10, 2015 to 150.

Reasons

1. The Plaintiff, as indicated in the claim, lent KRW 9% per annum to Defendant KSD Co., Ltd. (hereinafter “Defendant Co., Ltd”), KRW 200 million on April 10, 2015 as the interest rate of KRW 9% per annum, and due date of payment September 9, 2015, and lent KRW 150 million on May 11, 2015 at interest rate of KRW 9% per annum and due date of payment September 10, 2015.

Defendant B jointly and severally guaranteed the Defendant Company’s above loan obligation.

Therefore, the defendants are jointly and severally liable to pay the principal and interest of the loan and delay damages to the plaintiff.

② On May 18, 2015, the Plaintiff entered into a contract for the supply of scrap metal with the Defendant Company and paid KRW 100 million to the Defendant Company, but the said contract was cancelled on the ground that it was impossible to implement the said contract.

Defendant B guaranteed the Defendant Company’s obligation to return the deposit.

Therefore, the defendants are jointly and severally liable to pay the above deposit and the agreed interest or delay damages to the plaintiff.

2. Judgment made based on the deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act).

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