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(영문) 서울남부지방법원 2019.10.31 2019가단11146
대여금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 50,000,000, and 5% per annum from April 26, 2019 to August 21, 2019.

Reasons

1. As to Defendant B

A. If the facts of recognition show the overall purport of the pleadings in the written evidence Nos. 1 and 2, it can be acknowledged that the Plaintiff loaned the Defendant B, under Defendant C’s joint and several sureties, with the payment period of KRW 1.4 million on February 25, 2019 and the interest rate of KRW 3% on August 25, 2019 (Provided, That the interest up to April 25, 2019 was deducted as the interest rate prior to the due date), ② the fact that the Plaintiff lent KRW 10 million on March 6, 2019 as the payment period of KRW 3% on August 25, 2019 and the interest rate of KRW 3% on August 25, 2019, respectively.

B. According to the above facts of determination, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 50 million won per annum from April 26, 2019 to August 21, 2019, the last delivery date of the complaint of this case, and 12% per annum from the next day to the day of full payment, as the Plaintiff seeks.

As to this, Defendant B asserted to the effect that it is impossible to respond to the Plaintiff’s claim since it was used by Defendant C, but the above amount was stated.

As recognized in the above paragraph, as long as the above defendant becomes the borrower and established the obligation to return the borrowed money to the plaintiff, how to consume the borrowed money thereafter cannot affect the above scope of the above obligation. Therefore, the above argument by the above defendant cannot be accepted.

C. Thus, the plaintiff's claim against the defendant B of this case is justified, and it is decided to accept it.

2. As to Defendant D

(a)the indication of the claim No. 1-a;

same as the facts recognized in the paragraph.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

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