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(영문) 전주지방법원 2017.09.15 2017가단11065
약정금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 115,165,00 and Defendant A with respect thereto from January 13, 2007, and Defendant B.

Reasons

1. Basic facts

A. On March 2, 2006, the Plaintiff lent KRW 227,514,00 to Defendant A, and Defendant B jointly and severally guaranteed the above loan obligations.

B. The Plaintiff received, as a security for the above borrowed loan, a promissory note of KRW 115,165,00 in total face value, including one promissory note of KRW 28,040,000 at face value, KRW 20,000 at face value, KRW 37,125,000 at face value, KRW 37,125,000 at face value, and one promissory note of KRW 30,000 at face value.

However, the above promissory notes were finally insolvent.

C. The Plaintiff filed a lawsuit against the Defendants for the payment of the said KRW 115,165,00 among the loans against the Defendants under the Jeonju District Court Branch 2006Gahap2201 and the damages for delay.

On November 23, 207, the above court sentenced the defendants "15,165,00 won to the plaintiff and the amount equivalent to 20% per annum from January 13, 2007 to the day of full payment," and the defendant Eul to the day of full payment from August 12, 2007 to the day of full payment."

The above judgment was finalized as it is.

[Ground of recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. According to the above facts of recognition, the defendants jointly and severally pay to the plaintiff the amount of KRW 115,165,00 and the amount of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 13, 2007 to Defendant A, Defendant B, from August 12, 2007 to March 27, 2017, the delivery date of each complaint, which is the delivery date of each complaint, to March 27, 2017.

3. Conclusion, the claim of this case is accepted on the ground of the reasons.

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