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(영문) 대구지방법원 2018.08.23 2018가단1251
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 92 million and KRW 42 million among them, from March 10, 2014, and KRW 50 million.

Reasons

1. On October 10, 2013, the Plaintiff, under Defendant C’s joint and several sureties, lent interest of KRW 60 million to Defendant B at KRW 1,50,000 per month on the condition that he/she shall be repaid within ten months. On March 3, 2014, the Plaintiff determined the interest at KRW 50 million per month on the condition that he/she shall be repaid within ten months.

Since then, Defendant B paid to the Plaintiff the principal and interest of KRW 60 million each five times from November 2013 to March 2014, KRW 5.1 million each month. Of them, KRW 1.5 million was appropriated for interest, and the remainder of KRW 3.6 million was appropriated for the principal, and the principal was lent to October 10, 2013, KRW 42 million out of KRW 60 million and KRW 50 million lent to the Plaintiff on March 3, 2014.

Therefore, the Defendants are jointly and severally liable to pay the total amount of KRW 92 million and each interest rate of KRW 42 million from March 10, 2014, and KRW 50 million from April 4, 2014 to April 7, 2018, each of which is finally served on the Defendants by the duplicate of the complaint of this case from April 7, 2018, with the agreed interest rate of KRW 5% per annum (5% per annum) sought by the Plaintiff, and with the interest rate of KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. Applicable provisions;

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Judgment by constructive confession (Articles 208(3)1 and 257 of the Civil Procedure Act);

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