logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.04.04 2018가합110708
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35 million and KRW 240 million among them. Defendant B shall be jointly and severally liable to the Plaintiff on September 2018.

Reasons

1. Basic facts

A. From September 2012 to February 2, 2015, the Plaintiff lent money to the Defendants, a company partner, over several occasions, and the Defendants paid only interest.

B. On August 6, 2018, the Plaintiff and the Defendants agreed to settle the principal leased by the Plaintiff up to the time, KRW 240 million, and the interest that the Defendants had not repaid at KRW 95 million. The Defendants agreed to jointly and severally pay the Plaintiff the total amount of KRW 335 million up to August 31, 2018.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay KRW 35 million to the Plaintiff and the following day after the date when it is evident that the Plaintiff filed a claim against the Defendants for payment, i.e., KRW 240 million, which is the day following the service date of a copy of the complaint in this case (Defendant B, September 22, 2018, and Defendant C, September 2018, September 20), and to pay damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the day on which the Plaintiff extended the purport of the claim in this case and the date of delivery of a copy of the application for modification of the cause of the claim in this case from December 8, 2018 to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is partly accepted within the scope of the above recognition.

(The proviso of Article 98 and the proviso of Article 101 of the Civil Procedure Act shall apply to the cost of lawsuit)

arrow