(영문) 의정부지방법원 2018.09.06 2017나214870

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(영문) 의정부지방법원 2018.09.06 2017나214870

대여금

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows: (a) except that the court stated “ August 27, 2008” of the 3th judgment of the court of first instance as “ July 21, 2008,” the corresponding part of the reasoning for the judgment of the court of first instance is the same as that of the 3rd judgment of the court of first instance; and (b) therefore, (c) in accordance with the text

2. Summary of the plaintiffs' assertion

A. As to the portion of KRW 100,000,000, around October 2002, the Plaintiffs leased the Defendants KRW 100,000,000 to the due date for payment, and the interest amount was set at KRW 50,00,000 until the due date for payment.

Therefore, the defendants are jointly and severally liable to pay to the plaintiffs KRW 100,000,000 and damages for delay of agreement.

B. On September 2003, the primary claim amounting to KRW 25,000,000, the primary claim amounting to KRW 30,000 was determined and lent to the Defendants 2% interest per month. The Defendants paid KRW 5,000,000 out of the principal amount. Therefore, the Defendants jointly and severally are liable to pay KRW 25,00,000 of the borrowed principal amount and damages for delay of the agreement. 2) The primary claim amounting to KRW 25,00,000,000, the Defendants paid to E around September 11, 2006.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiffs the amount of KRW 25,000,000 and the amount of damages for delay of the agreement.

C. On August 2004, the primary claim amounting to KRW 50,000,000, the primary claim amounting to KRW 50,000 was determined and lent to the Defendants 2% interest per month. Therefore, the Defendants are jointly and severally liable to pay KRW 50,000,000 to the Plaintiffs as well as the agreed delay damages. (ii) The primary claim amounting to KRW 50,000,000 on behalf of the Defendants from August 2007 to July 2008.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiffs the amount of KRW 50,000,000 and the amount of damages for delay of the agreement.

With respect to KRW 22,547,840, the Plaintiffs around August 2007 at the request of the Defendants.

참조조문

-민사소송법 제420조

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