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(영문) 수원지방법원성남지원 2019.02.14 2018가단3136
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 175,00,000 and the period from September 19, 2007 to March 16, 2018.

Reasons

1. Facts of recognition;

A. On September 13, 2007, the Plaintiff loaned KRW 300 million to D with the due date set as of September 18, 2007.

B. On September 14, 2007, the Defendants promised to pay the said money to the Plaintiff by September 18, 2007, in the event that D fails to pay the said money to the Plaintiff.

[Reasons for Recognition] Defendant C: Each description of Gap evidence Nos. 1 through 4, E’s testimony, and the purport of the whole pleadings: Article 257(1) of the Civil Procedure Act (see, e.g., confession)

2. Determination:

A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at each rate of 175,00,000 won, excluding KRW 125,000,000,000, which is the remainder of KRW 125,000,000, which is the day following the due date for payment, to March 16, 2018, which is the last delivery date of the complaint of this case, and 5% per annum as stipulated in the Civil Act from September 19, 207 to March 16, 2018, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full

B. As the judgment of Defendant C on the Plaintiff’s assertion was made against the Plaintiff’s will without the Plaintiff’s strong pressure, it is not sufficient to acknowledge that Defendant C made the above agreement under the condition that Defendant C was deprived of the Plaintiff’s freedom of decision-making by coercion, and there is no other evidence to prove otherwise.

3. According to the conclusion, the plaintiff's claim of this case is with merit, and all of them are accepted, and it is so decided as per Disposition.

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