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(영문) 광주지방법원 2016.11.10 2016가합631
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest thereon from December 1, 2006 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendants that Defendant C, D, and E, the primary debtor Defendant B and joint and several sureties, Defendant C, and joint and several sureties, should pay to the Plaintiff the interest or delay damages calculated at the rate of 24% per annum from August 29, 1997 to the date of full payment.

(A) The plaintiff filed an application for the payment order with the defendants, but later implemented the above legal proceedings.

On October 27, 2006, the above court rendered a ruling to recommend settlement that "the defendants shall jointly and severally pay to the plaintiff 207,000,000 won to October 31, 201, and each 3,450,000 won shall be paid in 60 installments from November 2006 to the end of each month. If the defendants delay the payment of each of the above amounts once by the end of each month, they shall lose the benefit of time, and the defendants shall jointly and severally pay 300,000,000 won after deducting the amount paid up to the end of each month from the date of loss of interest to the date of full payment, plus damages for delay at a rate of 20% per annum from the date of full payment." This was all delivered to the defendants, but it became final and conclusive on November 14, 2006 because the defendants did not raise any objection.

(hereinafter referred to as the “decision of recommending reconciliation of this case”).

Since then, the Defendants did not pay KRW 3,450,000 in installments on November 30, 2006, which was the first payment date in accordance with the recommendation for reconciliation of this case, and lost the benefit of time.

[Reasons for Recognition] (Defendant B, C, and E) Each entry in Gap 1, and 2, and the purport of the entire pleading (Defendant D) as to the assertion of confession pursuant to Article 150 (3) of the Civil Procedure Act

2. According to the facts found in the judgment as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 300,000,000 and damages for delay thereof in accordance with the second sentence of the decision on the recommendation for reconciliation in this case. The Plaintiff is also liable to file the lawsuit in this case for the interruption of extinctive prescription.

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