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(영문) 창원지방법원진주지원 2015.10.14 2015가합468
대여금
Text

1. The Defendant’s KRW 350,000,000 as well as the Plaintiff’s annual interest from December 1, 2008 to May 22, 2015, and the following.

Reasons

1. In full view of the reasoning of the argument in Gap evidence No. 1, the plaintiff loaned KRW 350,000,000 to the defendant on May 28, 2008 as the due date for repayment on November 30, 2008, and C Co., Ltd. (hereinafter "C") may recognize the joint and several guarantee of the defendant's above loan obligations against the plaintiff. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the above loan of KRW 350,000,000 and its payment due date from December 1, 2008 to May 22, 2015, which is the original delivery date of the payment order of this case, 5% per annum as stipulated in the Civil Act, and damages for delay calculated by 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's argument regarding the defendant's assertion was held by auction as the joint guarantor C's property and the defendant's individual property at the time of the bankruptcy in 2012, and the defendant did not have received demands from the plaintiff for repayment of the above loan's obligation. The plaintiff's claim for payment of the loan of this case is unreasonable since it does not interfere with the defendant's recognition of the obligation to pay the loan of this case against the plaintiff as seen above. Thus, the defendant's argument is without merit.

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

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