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(영문) 부산지방법원동부지원 2017.11.30 2017가합103091
대여금
Text

1. The plaintiff

A. Defendants B, C, D, and E are jointly and severally and severally liable for KRW 300,00,000,000, and those related thereto from November 29, 2012 to October 11, 2017.

Reasons

1. Determination as to claims against Defendant B, C, D, and E

A. On August 28, 2012, the Plaintiff used KRW 300,000,000 to G Co., Ltd. for a loan of KRW 300,000 for a maturity of three months, interest of KRW 200,000,00. Defendant B, C, and D promised to pay the above loan to the Plaintiff. Defendant E promised to pay the said loan to the Plaintiff. Since Company G did not pay KRW 300,000,000 to the Plaintiff, the said Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 300,000,000 and its delay damages.

(b) Defendant B and E: Judgment by means of a confession (Article 208(3)2 and Article 150(3)2 of the Civil Procedure Act), Defendant C and D: Decision by means of service by publication (Article 208(3)3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant F: (a) on August 28, 2012, the Plaintiff lent KRW 300,000,000 to G Co., Ltd. with the maturity of three months, interest of KRW 200,000,000; (b) Defendant F promised to pay KRW 40,000,000 to the Plaintiff out of KRW 300,000,000 that G Co., Ltd. must pay to the Plaintiff; (c) Defendant G did not pay the above loan to the Plaintiff; (d) Plaintiff Company G did not dispute between the parties or did not pay the loan to the Plaintiff; and (e) pursuant to the above facts of recognition, Defendant F is jointly and severally liable to pay the Plaintiff KRW 300,000,000,000,000,000,000 and damages for delay calculated on the following day of the instant lawsuit to the Plaintiff at the rate of KRW 15,717,000.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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