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(영문) 수원지방법원 2015.11.03 2015가단20168
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 45,00,000 as well as 20% per annum from April 30, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On December 30, 2009, Defendant B issued a real estate lease agreement to the Plaintiff, stating that Defendant B leased 14 square meters of building E located in Suwon-si, Suwon-si, the lease deposit amount of KRW 10 million and the lease period of KRW 12 months from December 30, 2009.

A. A.1

B. Defendant B borrowed KRW 10 million to the Plaintiff on April 17, 2014, and prepared and delivered a loan certificate stating that it will be repaid on or around June 2014. On June 18, 2014, Defendant B changed the due date to September 17, 2014.

A2, A3-1 (2) on June 3, 2014, a loan certificate was prepared and issued to repay the amount of KRW 5 million after two months.

A-2 (3) on September 24, 2014, borrowed KRW 10 million, and prepared and delivered a certificate of borrowing that he/she will repay KRW 1400,000 per month from October 24, 2014 to ten times.

A-3. (4) No. 20 million won on October 20, 2014, 300,000 won on October 27, 2014, and 10,000 won on November 5, 2014, were prepared and issued a certificate of borrowing, and the above certificate of borrowing stated Defendant C’s signature and seal.

A 4-1, 2

2. As the Plaintiff’s claim against the Defendant B lent KRW 45 million to the Defendant B, Defendant B claimed that the Plaintiff should pay the Plaintiff the above loan amounting to KRW 45 million and damages for delay, Defendant B is deemed to have led to the confession of the Plaintiff’s assertion in accordance with Article 150(3) and (1) of the Civil Procedure Act.

Therefore, Defendant B is obligated to pay to the Plaintiff 45 million won with 20% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 30, 2015 to the day of full payment, which is the day following the delivery of the complaint in this case.

3. Plaintiff’s claim against Defendant C

A. The plaintiff asserts that the defendant C also borrowed KRW 45 million from the plaintiff with the defendant Eul, and that the defendant C is jointly and severally liable to pay the above loan KRW 45 million to the plaintiff.

In this regard, the plaintiff's above assertion is examined.

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