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(영문) 울산지방법원 2014.12.18 2014가합3487
대여금
Text

1.(a)

Defendant C shall pay KRW 50,000,000 to Plaintiff C, and it shall be from July 12, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the claims filed by the Plaintiff A against the Defendant C, the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is obligated to pay damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 12, 2014 to the date of full payment, on November 3, 2011, on November 4, 2010. As such, Defendant C is obligated to pay to the Plaintiff KRW 50,000,000, and damages for delay calculated at the rate of 20% per annum as of July 12, 2014, which is the day following the due date for repayment of the above loan.

As to this, Defendant C did not receive the payment from Company A on August 201, 201, it claimed that the payment should be deducted from the above KRW 50,000,000, but there is no evidence to acknowledge this, Defendant C’s assertion cannot be accepted.

2. Determination as to the plaintiffs' claims against defendant D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

3. In conclusion, the plaintiff Gap's claims against the defendants and the plaintiff's claims against the defendant Eul are with merit, and it is so decided as per Disposition.

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