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(영문) 전주지방법원 2017.05.17 2016가단5803
계금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 25,00,000 and 20% per annum from March 10, 2007 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings in Gap evidence No. 1, the plaintiff paid KRW 30,000,000 to defendant C on May 10, 2005, and in order for the plaintiff and defendant C to guarantee the payment of the deposit on August 4, 2005, the defendant C paid KRW 30,000,000 from the plaintiff on May 10, 2005.

9.9. Until September, interest shall be borrowed at a rate of 60% per annum.

“The fact that the Defendant D agreed to the purport and prepared a notarial deed in a monetary loan contract for consumption, the fact that Defendant D guaranteed the above obligation in this process, and the fact that Defendant D repaid KRW 5,000,000 to the Plaintiff, and there is no counter-proof.

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the remainder of KRW 25,000,000 (=30,000,000-5,000) and the agreed delay damages calculated at the rate of 20% per annum from March 10, 2007 to the date of full payment, as sought by the Plaintiff.

3. Defendant D’s defense is a defense to the effect that Defendant C paid additional amount to Defendant C, but there is no evidence to acknowledge the amount as well as that. Thus, there is no ground for the aforementioned defense.

4. Accordingly, we accept all the Plaintiff’s claims on the grounds of the conclusion.

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