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Reasons
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(영문) 창원지방법원 마산지원 2018.01.10 2016가합100249
대여금
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1. Defendants A, B, and D are jointly and severally liable to the Plaintiff for KRW 2,800,000,000 and the same on March 31, 2014.

Reasons

1. Basic facts

A. On March 31, 2014, the Plaintiff lent KRW 2,800,000,000 (hereinafter “instant loan”) to Defendant A Co., Ltd. (hereinafter “Defendant A”) with the following content, and at the time, Defendant B Co., Ltd. (hereinafter “Defendant B”) and D agreed to jointly and severally pay the said loan to the Plaintiff (hereinafter “instant agreement”).

Loan amount: Interest rate of KRW 2,800,000: 8.5% in arrears per annum: 3/1,000 per day in arrears; From March 31, 2014 to the same year;

4. Date of payment of interest by 30. (Extension of one month): Deposits into the Plaintiff’s bank account on the 30th of each month.

B. Meanwhile, at the lower end of the monetary loan agreement (hereinafter “instant loan agreement”) stating the foregoing lending and agreement, the Defendant School Foundation C (hereinafter “Defendant Foundation”) stated as jointly and severally liable for the instant loan, and the corporate seal is affixed thereto.

C. Afterward agreement between the Plaintiff and the Defendant A, the repayment period of the instant loan was extended to May 31, 2014.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the claim against Defendant A, B, and D

A. According to the above facts based on the determination as to the cause of the claim, Defendant A, B, and D are jointly and severally liable to the Plaintiff at the rate of 8.5% per annum, which is the agreed interest rate, from March 31, 2014 to May 31, 2014, the date of the loan, and from March 31, 2014, from March 31, 2014, the date of the loan, to May 31, 2014; and from the next day to the above Defendants, at the rate of 8.5% per annum to be claimed by the Plaintiff within the agreed rate of delay damages until June 18, 2016, and July 2, 2016 (Defendant A, B, and B), and at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

(b) Applicable provisions of judgments by public notice:

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