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(영문) 광주지방법원목포지원 2015.02.04 2014가단9555
대여금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 49,300,000 and the Defendant A with respect thereto from December 6, 2014.

Reasons

Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 2 and the purport of the entire pleadings, the defendants agreed to pay 69,300,000 won in face value on the promissory note issued by KC Development Co., Ltd. to the plaintiff on March 15, 2008. Meanwhile, the plaintiff received 20,000,000 won out of the above amount. Under the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 49,30,000 won (=69,300,000 won – 20,000,000 won) and damages for delay, barring any special circumstances.

As to this, Defendant B alleged to the effect that the above KRW 49,300,000 was fully repaid, but there is no evidence to acknowledge this.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 49,300,000 as well as damages for delay calculated at the rate of 20% per annum from December 6, 2014 to the day of delivery of a copy of the instant complaint, and from July 15, 2014 to the day of full payment, to the day of full payment.

Therefore, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.

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