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(영문) 인천지방법원부천지원 2015.11.04 2015가단9303
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150,000,00 and as to Defendant B, from July 31, 2015.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence No. 1 of the judgment as to the cause of the claim, the plaintiff lent KRW 150,000,000 to the defendant B on September 8, 2005, and the defendant C and D jointly guaranteed the defendant B's obligation to return the above loan.

According to the above facts, the defendants jointly and severally serve to the plaintiff 150,000,00 won and a copy of the complaint of this case containing a peremptory notice for performance. From July 31, 2015 to July 4, 2015 to the defendant Eul, and from July 3, 2015 to September 30, 2015 to the statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) to the day of full payment, the defendants are obligated to pay damages for delay calculated at the annual rate of 15% as stipulated in the above provisions (amended by Presidential Decree No. 26553, Sep. 25, 2015).

(A) The Plaintiff filed a claim for the payment of interest or delay damages starting from September 9, 2005. However, as long as there is no assertion that the Plaintiff agreed on interest with Defendant B, it cannot be claimed for the payment of interest starting from September 9, 2005, and as long as there is no assertion that the repayment period was set at any time, the above obligation to repay the loan shall be deemed an obligation without the fixed payment period. The above obligation to compensate for delay shall be calculated from the day following the delivery of the copy of the complaint of this case including the notice of performance. As such, the part of the Plaintiff’s claim on the interest or delay damages until the delivery date of the copy of the complaint of this case is without merit, and the provision on the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings amended on September 25, 2015 sets the rate of delay damages at 15% per annum. Thus, the Plaintiff’s assertion that the Defendant’s claim against the Defendant B is without merit.

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