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(영문) 인천지방법원 2017.01.13 2016가단41974
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,390,466 as well as the interest rate from August 9, 2016 to the date of full payment.

Reasons

In light of the purport of Gap evidence Nos. 1 through 3, the plaintiff lent KRW 93 million to defendant B on March 28, 2005, and as to this, the defendants issued to the plaintiff a promissory note written to the plaintiff on March 28, 2006, "The amount of KRW 93 million, the issuer, the defendants, the date of payment, the place of payment, and the place of payment, Incheon Metropolitan City, respectively, and then delivered a promissory note notarial deed (No. 456, 2005, No. 456, a notary public belonging to the Incheon District Prosecutors' Office) stating that compulsory execution shall be acknowledged if payment is delayed. The plaintiff is a person who received payment of KRW 42,609,534 in total on three occasions as the principal of loans or promissory notes from the defendants.

Therefore, barring any special circumstance, the Defendants shall jointly and severally pay to the Plaintiff the remainder of KRW 50,390,466 as well as damages for delay calculated at the rate of 15% per annum from August 9, 2016 to the date of full payment, which is the day following the day when the copy of the complaint was served on the Defendants.

The Defendants asserted that Defendant C did not have been involved in the preparation of the authentic deed of promissory notes, but if the purport of the entire pleadings was neglected by the Plaintiff, it can be sufficiently recognized that the facts identical to those of the Plaintiff’s claim, and no other evidence exists.

[On the other hand, the defendants did not appear on the date of the second and third pleadings, which continued after stated a written response to the above purport. If so, the plaintiff's claim of this case is reasonable, and it shall be accepted in its entirety.

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