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(영문) 수원지방법원안산지원 2019.01.31 2018가합593
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from June 14, 2009 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 of the judgment as to the cause of the claim No. 1, it is recognized that the plaintiff set 300 million won to the defendants on June 13, 2008 at 3% of interest per month, due date for payment, December 29, 2008, and delay damages at 20% per annum.

Meanwhile, according to the evidence No. 1, it is not clearly stated that the defendants are all the debtors, and the declaration of intent that they bear joint and several obligations is not clearly stated.

However, Defendant C submitted a summary summary of the dispute settlement document on September 12, 2018, and did not clearly dispute the burden of joint and several liability, and Defendant B did not dispute the Plaintiff’s assertion as a result of service by public notice. Therefore, deeming that the assertion of joint and several liability was led to the confession of the assertion of joint and several liability, and recognizing that the Defendants assumed joint and several liability as alleged by

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 30 million won and damages for delay calculated by an agreement of 20% per annum from June 14, 2009 to the date of full payment after the Plaintiff was paid interest and damages for delay.

2. Defendant C asserted that the loan amount was KRW 100 million, and that KRW 100 million was paid from June 14, 2008 to August 2009 (in accordance with the above loan terms, not only interest and delay damages but also the money that can be appropriated for principal) but there is no evidence to acknowledge it.

Defendant C’s defense is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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