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(영문) 전주지방법원 2017.04.11 2015가단36213
대여금
Text

1. The Defendants are jointly and severally liable to Plaintiff (Appointed Party), Appointed E, and F, KRW 30,777,777, and KRW 46,166.

Reasons

1. On November 26, 2007, when lending KRW 150,000,00 to Defendant C on a yearly basis, Defendant C was paid KRW 9% interest rate and KRW 163,50,000 on the repayment date as of November 26, 2008. Defendant D guaranteed Defendant C’s obligation. The Defendants did not pay KRW 25,00,000 out of the above amount until now and did not repay the remainder of KRW 138,50,000.

The deceased on April 20, 2016, and the deceased on April 20, 2016, the Plaintiff (Appointed Party), the Appointed Party E, F, and G took over the instant lawsuit. The inheritance shares are 3/9, the Plaintiff (Appointed Party), the Appointed Party (Appointed Party), the Appointed Party E, and the F 2/9, respectively, and the Defendants are jointly and severally liable to pay 30,77,777, and 77 won to the Appointed Party (Appointed Party) and delay damages therefrom.

2. The judgment on deeming confession (Article 208(3)2 of the Civil Procedure Act) only submitted a written objection to the service of the authentic copy of the payment order and to the effect that the Defendants were dissatisfied with it. Since the Defendants did not submit any subsequent written response and did not appear on the date of pleading, it is deemed that all the facts alleged by the Plaintiff (Appointed Party) were led to confession under Article 150(3) and (1) of the Civil Procedure Act.

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