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(영문) 부산지방법원 2016.12.14 2016가합45321
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 357 million and KRW 237 million among them. Defendant B.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is either a dispute between the parties, or a dispute is not between the parties, or the entire purport of each of the entries and arguments in the evidence in subparagraphs 1 through 4 is acknowledged in full view of the following purport: (a) the Plaintiff loaned KRW 150 million to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) under Defendant C’s joint and several sureties on June 18, 2015 as the due date for repayment on July 31, 2015; and (b) the Plaintiff lent KRW 237 million on June 29, 2015 without the due date for repayment.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally obligated to pay to the Plaintiff the sum of KRW 387 million (i.e., KRW 150 million, KRW 237 million), as sought by the Plaintiff, of KRW 357 million (i.e., KRW 120 million, KRW 237 million).

2. The Defendants alleged that they repaid KRW 20 million out of the above loan amount of KRW 237 million, but there is no evidence to acknowledge such assertion (the Plaintiff recognized the above KRW 20 million as repayment of KRW 150 million and filed the instant claim). The above assertion is difficult to accept.

3. Accordingly, the Defendants jointly and severally liable to the Plaintiff for the amount of KRW 357 million and KRW 237 million, which is the following day after the original copy of the instant payment order was served on the Plaintiff, from May 13, 2016; Defendant C, from May 20, 2016, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 20, 2016 to the day of full payment; and the remainder of KRW 120 million from May 13, 2016 to the day of full payment; Defendant C, from May 20, 2016 to the day of the delivery of the original copy of the instant payment order; Defendant C, from May 20, 2016 to the day of the delivery of the original copy of each of the instant claim and the cause of claim; and the Plaintiff’s claim for delay damages within the scope of 15% per annum per annum prescribed by the Civil Act from the day following the date of full payment.

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