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(영문) 서울남부지방법원 2016.06.28 2016가단2912
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 104,846,90 and KRW 65,569,070 among them, from July 28, 2015.

Reasons

1. Facts of recognition;

A. On April 15, 2010, Defendant C confirmed that the sum of the unpaid money borrowed from the Plaintiff until that date is KRW 65 million with respect to the Plaintiff and agreed to pay 2% interest per month on August 15, 2010 to the Plaintiff and repay all principal and interest by August 15, 2010.

(A) The husband of Defendant C agreed on September 28, 2010 to jointly and severally pay to the Plaintiff the above amount of KRW 65 million to the Plaintiff.

(A) No. 1 2.B.

On November 23, 2011, the Defendants borrowed 5 million won from the Plaintiff as interest rate of 2% per month.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 70 million and interest or delay damages therefrom, unless there are special circumstances.

B. The defendants' defenses 1) The defendants asserted that they exempted the defendants from interest or damages for delay on the above 65 million won as to the above 65 million won as to the defendants, and therefore, they did not state the terms "the defendants confirmed that they borrowed 65 million won from the plaintiff" and "the above 65 million won as to the above 65 million won as to the above 65 million won interest or damages for delay", which are the grounds for the above assertion. It is acknowledged that the above 65 million won loan is a document prepared with the purport that the defendant Eul will jointly pay the above 65 million won to the plaintiff. The above 65 million won loan certificate did not state the interest or damages for delay, and it was made after the above 65 million won loan certificate was made.

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