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(영문) 부산지방법원 2018.12.11 2018가단312592
대여금
Text

1. The Plaintiff, Defendant B, as well as Defendant B, at the rate of 15% per annum from May 22, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. From August 10, 2017 to March 27, 2018, the Plaintiff traded money by lending money with Defendant B several times from August 10, 2017 to March 27, 2018. Defendant B would pay KRW 40,000 to the Plaintiff on April 20, 2018.

“As of November 1, 2017, the Plaintiff drafted a loan certificate as of November 1, 2017. B. The Plaintiff made several monetary transactions with Defendant C, including lending money and receiving repayment from November 7, 2017 to February 15, 2018, and Defendant C drafted a loan certificate as of November 1, 2017, stating that “The Plaintiff would pay KRW 27,000,000 to the Plaintiff” on April 20, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers in case of additional number), Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment as to the cause of the claim, the Plaintiff is obligated to borrow or make an agreed amount, Defendant B is obligated to pay the Plaintiff KRW 40,000,000, and damages for delay thereof, and Defendant C is obligated to pay KRW 27,000,000, and damages for delay thereof.

B. The Defendants’ assertion as to the Defendants’ assertion is that each of the loans issued on November 1, 2017 was prepared by coercion or coercion by the Plaintiff. Thus, the Defendants asserted that it would be revoked, but there is no evidence to acknowledge this. Therefore, this part of the Defendants’ assertion is without merit.

C. Accordingly, Defendant B is obligated to pay each of the damages for delay calculated at the rate of 15% per annum from May 22, 2018 to the day immediately after the delivery date of a copy of the complaint, and the damages for delay calculated at the rate of 27,000,000 per annum from May 18, 2018 to the day after full payment is made, and the damages for delay calculated at the rate of 15% per annum from May 18, 2018 to the day immediately after the delivery date of a copy of the complaint to the day after full payment is made.

3. In conclusion, the plaintiff's claim against the defendants shall be accepted in its entirety on the grounds of its reasoning, and it is so decided as per Disposition.

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