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(영문) 서울중앙지방법원 2013.09.06 2013가합33527
대여금 등
Text

1. The Plaintiff, Defendant B, and E are jointly and severally 30,000,000 won, Defendant C, and E are jointly and severally 70,000,000 won, Defendant D, and E.

Reasons

1. Indication of claim;

A. On November 16, 2010, the Plaintiff lent KRW 30 million to Defendant B, and the period of reimbursement was determined to be immediately repaid upon the Plaintiff’s request.

Defendant E, on the same day, jointly and severally guaranteed Defendant E’s debt to the Plaintiff on the same day.

B. On April 19, 201, the Plaintiff lent KRW 70 million to Defendant C, and the repayment period was to be immediately repaid upon the Plaintiff’s request.

Defendant E, on the same day, jointly and severally guaranteed Defendant E’s debt to the Plaintiff on the same day.

C. On May 4, 2011, the Plaintiff lent KRW 25 million to Defendant D, and the repayment period was to be immediately repaid upon the Plaintiff’s request.

Defendant E, on the same day, jointly and severally guaranteed Defendant E’s debt to the Plaintiff.

The Plaintiff requested the Defendants to repay the above loans, but the Defendants did not comply with this.

Therefore, Defendant B and E are jointly and severally liable to pay to the Plaintiff KRW 30 million, Defendant C and E jointly and severally, KRW 70 million, Defendant D and E jointly and severally, KRW 25 million, and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day after the copy of the instant complaint was served to the day of full payment.

2. Applicable provisions;

A. Article 208(3)2 of the Civil Procedure Act of Defendant B (in the case of being deemed as a confession)

B. Article 208(3)3 of the Civil Procedure Act (Service by Public Notice) of Defendant C, D, and E

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