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(영문) 광주지방법원목포지원 2015.02.06 2014가단8811
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 26,60,000 won and the period from October 13, 2004 to August 29, 2014.

Reasons

1. The judgment of the defendants as to the cause of the claim was delivered to the plaintiff around July 2004 by entrusting the plaintiff, the debtor, the defendant Eul, the joint and several sureties of the law office document b004 by a notary public: The plaintiff, the defendant Eul, the joint and several sureties: the loan amounting to 27 million won: the due date: the installment payment and the overdue interest rate for each month from September 13, 2004 to 5 years: 1% per month: the lending date: July 13, 2004; the lending date; and July 13, 2004. However, the defendants can be recognized that there is no dispute between the parties, or that the defendants had lost the benefit of October 13, 2004 due to the delinquency of the installment payment, and that the purport of the entire pleadings as to the statement in Gap evidence No. 1.

According to the above facts, in this case where the plaintiff filed a lawsuit for the extension of the prescription period of the above notarial deed, the defendants are jointly and severally liable to pay to the plaintiff 2,66 million won calculated by deducting 40,000 won per annum from October 13, 2004 to August 29, 2014, the delivery date of a duplicate of the complaint in this case, the above overdue interest rate of 12% per annum from October 13, 2004 to August 29, 2014, and damages for delay by 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. As to the determination of the Defendants’ defense, the Defendants asserted to the effect that he was granted immunity by the Gwangju District Court No. 2011No. 1204 and 1205. However, in full view of the following: (a) Plaintiff’s claim collection activities, including the cause and circumstance of the said loan claim; (b) personal and regional trust relationship formed between the Plaintiff and each of the Defendants; (c) Plaintiff’s claim collection activities, including the Plaintiff and each of the Defendants’ respective spouses; (d) the obligees’ common characteristics indicated in the creditors’ list prepared by the Defendants; (b) the time when the said notarial deed was prepared and the time gap between the time when the said notarial deed was filed and the time when the said notarial deed was filed;

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