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(영문) 의정부지방법원 2017.07.06 2017가단1653
대여금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,363,075 as well as 5% per annum from January 1, 2016 to July 6, 2017.

Reasons

1. Facts of recognition;

A. On March 10, 2009, the Plaintiff lent KRW 50,000,00 (hereinafter “instant loan”) to Defendant B without setting the maturity and interest.

B. On November 3, 2013, the Plaintiff entered into an agreement with the Defendants that the Defendants shall pay to the Plaintiff KRW 50,000,000 in installments until 2015, and shall pay interest on the said loan from November 6, 2013 (hereinafter “instant agreement”). The Defendants, at the time of the said agreement, prepared and delivered the following payment note to the Plaintiff.

The plaintiff B: The defendants Eul borrowed the above amount to Gap by November 3, 2013, and Eul promises to pay the above amount by November 3, 2013.

I will pay interest on November 6.

On November 3, 2013, there is no dispute over Defendant B [Grounds for Recognition], Gap evidence Nos. 1, and evidence Nos. 2, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. According to the above facts, since it is apparent that the period of redemption of KRW 50,000,000 that the Defendants decided to repay under the agreement of this case has expired, the Defendants are jointly and severally liable to pay KRW 50,000,000 to the Plaintiff pursuant to the agreement of this case, barring any special circumstance.

B. Meanwhile, we examine the interest or delay damages on the above 50,000,000 won.

1) The Plaintiff asserted that the Defendants agreed to be paid KRW 1,00,000 per month as interest, and according to the facts acknowledged earlier, the Plaintiff and the Defendants agreed to be paid interest of KRW 50,000 from November 6, 2013 to November 6, 2013, but it is insufficient to recognize that the Plaintiff agreed to receive interest of KRW 4,00,00 among the Defendants, and there is no other evidence to prove otherwise.

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