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(영문) 창원지방법원 2016.04.20 2014가합4545 (1)
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 150,000,000 won and the period from October 11, 2014 to September 30, 2015.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim, according to the purport of each of the statements and arguments, defendant B borrowed KRW 100,000,000 from the plaintiff on May 20, 2008, and agreed on December 18, 2008 to repay the loan amount of KRW 150,000 (hereinafter "the loan amount of this case"). defendant C has jointly and severally guaranteed the loan amount of this case to the plaintiff; defendant B, a notary public on February 15, 2011 when the due date for the loan payment of this case expired, signed a notarial deed of monetary loan for transfer (hereinafter "notarial deed of this case"); and the defendant B, upon drawing up the notarial deed of this case, may recognize the plaintiff as to the creation of TNBC 2G transfer transfer to the transfer security of this case under the title of TPP 342, 201.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 150,000,000 won of the instant loan and damages for delay calculated at the rate of 15% per annum from October 11, 2014 to September 30, 2015, which is the day following the last day of service of the copy of the instant complaint, as the Plaintiff seeks, as the Plaintiff seeks, from October 30, 2014 to September 30, 2015, the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(2) of the Addenda of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 3(1) main text of the former Act on Special Cases Concerning Legal Proceedings, etc. (amended by Presidential Decree No. 26553, Sep. 25, 2015).

The Plaintiff claimed against the Defendants the payment of damages for delay calculated at a rate of 20% per annum from October 11, 2014 to the date of full payment. However, Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015; and Article 2 of the Addenda of the same Act.

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