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(영문) 대전지방법원 2016.12.21 2016가단200290
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the amount shall be from May 1, 2015 to December 21, 2016.

Reasons

1. As the Plaintiff did not receive money after lending money to E, the Defendants, who were executives of the said company, decided to pay the said loans to the said company by subrogation. On September 10, 2010, the Plaintiff entered into a non-loan agreement with the Plaintiff (hereinafter “instant agreement”) on the following terms and conditions.

(1) A creditor: A debtor.

2. The parties' assertion and judgment

A. According to the facts of determination as to the cause of the claim under paragraph (1) of the same Article, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 50,000,000 and the damages for delay calculated at the rate of KRW 14.4% per annum (1.2% x 12), which is the rate of agreement (i.e., the agreed interest rate) from May 1, 2015 to December 21, 2016, the date of this decision, which is from May 1, 2015 to December 21, 2016, and the date of full payment from the following day to the date of full payment.

(Plaintiff is claiming for the payment of damages for delay calculated at the rate of 14.5% per annum from May 1, 2015 to the date of this judgment, but this is deemed to be an error in calculation of 14.4% per annum, and there is no evidence or ground to acknowledge the portion exceeding the above 14.4%, and thus, the Plaintiff’s claim for this portion cannot be accepted).

Defendant C entered into the instant agreement with the Plaintiff on the condition that Defendant C issued a certificate of personal seal impression to the Plaintiff later, and Defendant C did not issue a certificate of personal seal impression in determining that the joint and several surety was inappropriate after the instant agreement. Thus, the instant agreement did not comply with the terms and conditions.

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