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(영문) 울산지방법원 2020.07.16 2019가합16273
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 350 million and the interest rate from October 17, 2019 to the date of full payment.

Reasons

On January 7, 2016, the Plaintiff loaned KRW 500 million to Defendant B, a 3% of interest per month and due date on January 6, 2018, and Defendant C and Defendant D jointly and severally guaranteed the Plaintiff’s debt owed to the Plaintiff at the time of the above lending, the said Defendants were deemed to have led to each confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff, Defendant C and D, and the entire purport of the pleadings. The Plaintiff and Defendant B may be recognized in full view of the entries in the evidence No. 1 and the entire purport of the pleadings.

Meanwhile, the Plaintiff is a person who received reimbursement of the principal amount of KRW 150 million from Defendant B.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the principal and interest of KRW 350 million and the damages for delay calculated at the rate of 12% per annum from October 17, 2019 to the day of full payment, which is the day following the delivery of the instant complaint, as agreed by the Plaintiff.

(2) The Plaintiff Company B paid the principal amount of KRW 150 million and interest KRW 217,321,000,000 and the Plaintiff’s claim amount of KRW 367,321,00 and the Plaintiff’s claim amount of KRW 367,321,00 shall not exceed the balance of the loan after repayment. Thus, the Plaintiff’s claim against the Defendants is reasonable, and thus, it is so decided as per Disposition.

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