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(영문) 대전지방법원 천안지원 2018.07.06 2017가합102689
대여금
Text

1. The plaintiff

A. Defendant C is KRW 210,000,000 and 12% per annum from October 20, 2014 to January 11, 2018.

Reasons

1. The fact that there is no dispute between the parties to the judgment on the cause of the claim, and according to the purport of Gap's statements and the entire arguments, the plaintiff set the payment period on February 15, 2008 and 12% per annum on February 16, 2007 and lent KRW 100 million per annum to the defendant B on June 21, 201. The plaintiff set KRW 110 million per annum to the defendant C on June 21, 201, and thereafter, on July 20, 2011, the defendant C prepared and delivered a loan certificate of KRW 210 million per annum to the plaintiff on July 20, 201 (hereinafter "the loan certificate of this case").

Therefore, it is reasonable to deem that Defendant C also assumed the obligation of KRW 100 million to the Plaintiff by granting the instant loan certificate to the Plaintiff. As such, Defendant C shall pay to the Plaintiff the interest or delay damages calculated at the rate of 12% per annum, which is the agreed interest rate from October 20, 2014 to the delivery date of the duplicate of the instant complaint, and the interest or delay damages calculated at the rate of 15% 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, as the Plaintiff seeks with respect to each of the above amounts jointly and severally and severally with Defendant C.

2. As to the Defendants’ assertion on the assumption of an obligation, the Defendants asserted that Defendant C had discharged Defendant C’s obligation. Accordingly, the Defendants’ assertion on the assumption of an obligation is based on the following: (a) there is a contract between the third party and the obligee; or (b) the third party and the obligee may obtain consent from the obligee after the acceptance agreement is reached; and (c) if the assumption of an obligation overlaps with the obligor, it is a matter regarding the interpretation of the intent of the parties under the assumption of an obligation; and (d) if it is unclear whether the obligation is discharged or its overlapping acceptance is unknown in relation to the assumption of an obligation, it is overlapped.

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