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(영문) 서울서부지방법원 2020.06.09 2019가단15581
차용금
Text

1. The defendant (Appointed Party) and the appointed parties C jointly and severally with the plaintiff KRW 220,076,164 and KRW 200,000 among them.

Reasons

According to the statement in Gap evidence No. 1, the defendant (Appointed) decided to pay KRW 200 million from the plaintiff on April 12, 2018 within three months from the date of borrowing, and borrowed at the interest rate of 6.9% per annum, and it is recognized that Eul provided joint and several surety for the above borrowed debt by the Selection.

Therefore, Defendant (Appointed Party) and Appointed Co., Ltd are jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day of service of a copy of the complaint of this case as to the sum of the principal and interest of KRW 220,076,164, and KRW 200 million among them [Defendant (Appointed Party)] to October 22, 2019, and Selected Party C from October 23, 2019] to the day of full payment.

As to this, Defendant (Appointed Party) asserted that the Plaintiff did not have an obligation to pay damages for delay on the ground that the Plaintiff agreed to extend the due date as of the end of May 2020, but there is no evidence to prove that the Plaintiff agreed to such an agreement, and thus, Defendant (Appointed Party)’s above assertion is rejected.

Therefore, each of the claims of the plaintiff in this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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