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(영문) 의정부지방법원 2017.03.03 2016가단38627
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and 24% per annum from November 25, 2016 to the date of full payment.

Reasons

1. The Defendants, in fact, led to confession under Article 150 of the Civil Procedure Act.

(The Defendant denied the facts of the cause of the claim while raising an objection against the instant payment order, but thereafter, responded to the Plaintiff’s claim in the briefs submitted thereafter. (A)

On November 13, 2015, the Plaintiff leased KRW 40 million to Defendant B at the interest rate of KRW 2% per month and due date of November 13, 2016, and Defendant C jointly and severally guaranteed for Defendant B.

B. Defendant B paid the agreed interest for six months, but did not pay the remainder of the agreed interest.

2. According to the facts of recognition as to the Plaintiff’s claim, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed interest rate of 24% per annum from November 25, 2016 to the date of full payment, which is clear that the original copy of the instant payment order was served on the Defendants, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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