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(영문) 서울남부지방법원 2018.05.02 2017가단251322
부당이득금
Text

1. The plaintiff

A. Defendant B’s KRW 70,410,00 and interest rate of KRW 15% per annum from March 20, 2018 to the date of full payment.

Reasons

1. The Plaintiff loaned KRW 43,000,000 in total to Defendant B from January 28, 2014 to June 27, 2015. Of them, Defendant C’s joint and several surety for KRW 15,00,000 from January 28, 2014, and the fact that the Plaintiff paid KRW 27,410,000 to Defendant B from April 26, 2015 to February 28, 2017, but the said amount was not paid does not conflict between the parties.

Therefore, Defendant B is obligated to pay to the Plaintiff the total amount of KRW 70,410,00 (i.e., KRW 43,00,000; KRW 27,410,000; KRW 27,410,000; Defendant C is a joint and several surety of Defendant B; and as requested by the Plaintiff, the duplicate of the complaint of this case is served to the Defendants (Defendant B was served with a copy of each complaint on March 19, 2018; and Defendant C was served on November 26, 2017) by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day on which the copy of the complaint of this case was served to the Defendants to the day of full payment.

2. The plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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