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(영문) 창원지방법원 2020.07.07 2019가단123253
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and each year from May 1, 2019 to July 7, 2020.

Reasons

The Plaintiff lent KRW 200,00,000 to the D Regional Housing Association on January 10, 2018; the repayment period for the above loan was finally changed from April 20, 2018 to April 30, 2019; and the Defendants jointly and severally guaranteed the Plaintiff’s obligation to the said D Regional Housing Association may be recognized by taking into account the entire purport of the pleadings as a whole, as stated in the evidence No. 2.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 200,000,000 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 1, 2019 to July 7, 2020, which is the date following the date when the Defendants are liable to pay to the Plaintiff the amount of damages for delay calculated from May 1, 2019 to the date when the disputes exist as to the existence or scope of the instant obligation

(A) The Plaintiff filed a claim for damages for delay from April 21, 2018 with respect to the above loan, but the maturity date that was April 20, 2018 was changed on April 30, 2019, and thus, this part of the claim is without merit. Thus, the Plaintiff’s claim against the Defendants is justified within the extent of recognition as above, and the remainder of the claim is without merit.

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