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(영문) 의정부지방법원 2017.10.25 2017가합381
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from April 16, 2017 to the date of full payment.

Reasons

1. From July 25, 2007 to August 28, 2007, the Plaintiff borrowed a total of KRW 323,900,000 (= KRW 50,000,000 KRW 42,000,000 KRW 40,000,000) to the Defendants. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff 300,000,000,000 out of the above loans and damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day when the duplicate of the complaint was served to the Defendants to the day of full payment.

2. In light of the following circumstances, the judgment by public notice by applicable provisions of law (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act) can be recognized by the entry of the certificate (including a serial number) No. 1, 2, 4, 8, and 9 (Article 208(3)3 of the same Act) (i.e., the application for loans under Defendant B was accompanied by the “public letter of delegation, letter of assignment of security, letter of delegation of obligation, and letter of delegation of obligation transfer and takeover of obligation” signed and sealed by the Defendant C, and in light of the contents stated in the above “public letter of delegation”, the Defendant C appears to have delegated the Plaintiff with the authority to supplement documents regarding the conclusion of the loan loan contract; the Plaintiff remitted money to the Defendant C’s account before and after the date of transfer; and in

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