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(영문) 창원지방법원 2015.08.13 2015가단3306
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 150,000,000 won and the period from May 26, 2014 to March 19, 2015.

Reasons

1) Comprehensively taking account of the overall purport of pleadings as to the statements in Gap evidence Nos. 1 through 5, the plaintiff loaned KRW 200 million to the defendant A and B on May 25, 201, and loaned KRW 50 million on June 13, 2011, and the plaintiff filed a complaint against the defendant A and B on September 18, 2012, the defendants shall pay KRW 100 million to the plaintiff on March 5, 2014, and the remaining amount of KRW 150 million and interest shall be repaid to the plaintiff on the same day on April 25, 2014, and KRW 50 million and interest amount shall be repaid to the defendant Eul and the above amount of KRW 50 million shall be repaid to the defendant Eul as joint and several surety, and the above defendant C shall be jointly and severally liable to pay KRW 500,000,000,00 and shall be paid to each of the above defendant C as a joint and several surety, and the above defendant C's signature and joint and joint surety shall be deemed as a joint and several surety.

Therefore, Defendant C’s above assertion is without merit.

3. If so, the Defendants are jointly and severally liable to pay to the Plaintiff 150,000,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 26, 2014 to March 19, 2015, which is the delivery date of a copy of the complaint, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claims against the Defendants are with merit.

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