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(영문) 수원지방법원 2014.08.22 2013가합26572
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 225,00,000 and Defendant B with respect thereto from February 20, 2014, and Defendant C with respect thereto.

Reasons

1. On August 30, 2010, the Plaintiff agreed to lend 150,00,000 won with the Defendants at interest rate of 3% per month, and on February 28, 2011, with interest rate of 0.08% per day per overdue interest rate. The Plaintiff paid KRW 50,000,000 to Defendant B on September 1, 201, and the amount of KRW 10,000,000 on September 2, 2010. The Defendants jointly and severally agreed to pay the above loan to the Plaintiff may be acknowledged by taking into account the purport of the entire pleadings as a whole.

According to the above facts of recognition, barring any special circumstance, the Defendants jointly and severally seek payment of KRW 150,00,000 for loans and delayed payment damages of KRW 75,00,000 for the above loans and delayed payment damages of KRW 75,000 for the above loans and delayed payment damages of KRW 103,265,753 for the interest from September 2, 201 to July 31, 2013, under the premise that the Plaintiff incurred KRW 75,000 for the interest from September 2, 2011 to July 31, 2013, the Defendants are jointly and severally demanding payment of KRW 83,80,000 for the interest accrued from September 2, 201 to July 31, 2013 (i.e., the above KRW 150,000 per day x 0.08% per day x 699 days) from each of the following day to July 21, 2014.

2. Defendant C’s assertion and determination thereof

A. Defendant C merely claims that Nonparty D, one’s husband, left his seal imprint, and did not borrow the above KRW 150,00,000 from the Plaintiff. As such, it is insufficient to recognize the above assertion solely based on the statement of evidence Nos. 1 and 1, and there is no other evidence to acknowledge this otherwise, Defendant C’s assertion on this part is without merit.

B. Defendant C also borrowed the above KRW 150,000,000 from the Plaintiff.

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