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(영문) 광주지방법원 2019.03.12 2018가단530191
대여금
Text

1. The plaintiff

A. Defendant B and C shall each be KRW 91,200,000, and their interest rate shall be from March 11, 2017 to the date of full payment.

Reasons

1. The following facts are deemed to have been led to the confession pursuant to Article 150(3) and (1) of the Civil Procedure Act due to the Defendants’ failure to submit a written reply even after having received the written complaint, etc.

A. The Plaintiff: (a) demanded that Defendant B and C borrow money as a co-user; and (b) the sum of KRW 10,000,000 between December 26, 2014 and December 26, 2016; (b) the aggregate of KRW 15,200,000 between August 26, 2015 and February 26, 2017; and (c) the aggregate of KRW 16,00,000 between May 26, 2016 and February 26, 2017; and (d) the interest rate of KRW 10,00,000,000 on May 26, 2013; and (e) the annual loan of KRW 10,000,000,000 on May 10, 200; and (v) the annual loan of KRW 30,000,000; and

B. Upon receiving a request for lending money from Defendant B on behalf of Defendant D, the Plaintiff lent KRW 5,00,000,000 on February 12, 2016, and KRW 50,000,000 on February 19, 2016 on condition of interest rate of KRW 12% per annum. Defendant B guaranteed the obligation to return the principal and interest of Defendant D’s loan.

C. The Defendants paid interest to the Plaintiff until February 2017, and did not pay interest from March 11, 2017.

2. According to the above fact-finding, Defendant B and C, as a co-user, are obligated to pay the total amount of KRW 91,200,000 as well as damages for delay calculated by the rate of 12% per annum from March 11, 2017 to the date of full payment. Defendant B, as the principal obligor and guarantor, are liable to pay the agreed interest rate of KRW 50,000,000 per annum from March 111, 201 to the date of full payment.

3. The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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