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(영문) 서울남부지방법원 2015.02.13 2014가단54049
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30 million and the interest pertaining thereto from November 27, 2014 to the day of complete payment.

Reasons

1. Determination as to the claim against the defendant B

(a) Description of claim: A loan of KRW 30 million on November 1, 201 (payment period November 31, 201) and a claim for damages for delay thereon as of November 31, 201;

(b) Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Since the facts that Defendant C provided joint and several sureties with respect to Defendant C’s loan obligation against the Plaintiff in the amount of KRW 30 million against the Plaintiff, there is no dispute between the parties, Defendant C is jointly and severally liable to pay the Plaintiff the above KRW 30 million and the damages for delay.

As to this, Defendant C has a defense that Defendant C paid part of the above loans to the Plaintiff, but there is no evidence to acknowledge this. Thus, Defendant C’s defense is without merit.

Therefore, Defendant C, jointly and severally with Defendant B, is jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from November 27, 2014 to the day of full payment after the final delivery of the copy of the instant complaint, as sought by the Plaintiff, as the result of the payment due date.

3. If so, the plaintiff's claim against the defendants is justified.

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