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(영문) 서울중앙지방법원 2015.03.24 2014가합48533
대여금
Text

1. The Defendant’s KRW 131,239,966 and the Plaintiff’s annual interest from October 31, 2010 to November 17, 2014, and the following.

Reasons

1. Facts of recognition;

A. The defendant shall be punished by C.

B. The Plaintiff agreed to lend money to C, and transferred the sum of KRW 95,000,000 on March 17, 2010, KRW 5,000,000 on the 19th day of the same month, and KRW 20,000,000 on the 24th day of the same month to the account in the name of the company operated by C.

131,239,966 Principal C, a joint and several surety, each of the above notes, with the promise to borrow the above amounts from A (Plaintiff) and repay them by October 30, 2010, 131,239,966, C, a joint and several surety (Defendant)

C. As C did not pay interest agreed upon, C and the Defendant drafted a cash custody certificate (Evidence A 1) with the following content to the Plaintiff on August 5, 2010.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts, the defendant, as a joint and several surety, is obligated to pay to the plaintiff 131,239,966 won as well as damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from October 31, 2010 to November 17, 2014, the delivery date of the copy of the complaint in this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. If so, the plaintiff's claim of this case is justified.

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