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(영문) 서울중앙지방법원 2015.11.26 2014가단141534
대여금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 33,50,000 and 20% per annum from November 14, 2014 to September 30, 2015.

Reasons

1. Defendant B;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

C. Partial dismissal: (a) The provisions pertaining to statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (hereinafter “Promotion Act”) are promulgated on September 25, 2015 and enforced from October 1, 2015; (b) recognized only damages for delay calculated at the rate of 15% per annum from the day following the delivery date of a copy of the instant complaint to the day of full payment; and (c) the excess portion is dismissed.

2. Defendant C

A. Comprehensively taking account of the entire purport of the arguments in response to each order to submit financial transaction information to the new bank and enterprise bank of this court on the ground of the claim Gap 1 and 2, the defendant C borrowed KRW 100 million from the plaintiff, and around July 2007, the plaintiff confirmed that "C is obligated to pay KRW 100 million to the plaintiff. Although repayment should have already been completed, it is not possible to repay an individual's repayment ability but it is not possible to collect the additional payment immediately until August 31, 2007, Co., Ltd. (hereinafter "D"). If it is impossible to collect the additional payment by the due date, the plaintiff prepared a written confirmation stating that "I will transfer the right of KRW 100 million to the new bank and enterprise bank of this court," and the plaintiff and the defendant C obtained KRW 500,000 from the plaintiff, and the remaining claim amount of KRW 100,500,000,000,000 from the above bonds transfer contract to the plaintiff.

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