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(영문) 춘천지방법원 2020.01.08 2019가합51508
대여금
Text

1. The defendant,

A. The Plaintiff A’s KRW 165,00,000 and the annual rate of KRW 5% from June 1, 2016 to November 8, 2019, respectively.

Reasons

1. Indication of claim;

A. On October 2010 and November 26, 2010, Plaintiff A lent a total of KRW 150 million to Plaintiff A (hereinafter “D”) on May 31, 201, with the due date for repayment as of May 31, 201. The Defendant jointly and severally guaranteed D’s loan obligations to Plaintiff A, while Plaintiff A lent a total of KRW 15 million to the Defendant on March 19, 201, on the ground that Plaintiff A lent a loan amount of KRW 165 million to the Defendant (i.e., a joint and several surety obligation of KRW 150 million) and the payment of damages for delay.

Plaintiff

B Co., Ltd. supplied goods equivalent to KRW 594,63,080 (including value-added tax) to D seven times from November 3, 2010 to August 31, 2011, and paid KRW 427,13,080 to D with payment of KRW 167,50,00 on March 25, 201, and had a claim for the remainder of the goods amounting to KRW 427,13,080 against D. However, the Defendant stated that he would directly pay the remainder of the goods amounting to KRW 427,13,080 on September 2017 (Article 208(3)2 and Article 150(3) of the Civil Procedure Act). Accordingly, the Defendant claimed for the payment of the remainder of the goods amounting to KRW 427,133,080 on the ground of confession as well as its delay damages.

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