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(영문) 대전지방법원 2017.09.27 2016가단28986
대여금
Text

1. The Defendant (Appointed Party) shall pay to the Plaintiff KRW 42.2 million and the interest rate of KRW 15% per annum from July 4, 2017 to the date of full payment.

Reasons

1. The facts that there is no dispute over the claim against the defendant, the entry of the evidence Nos. 1 and 2, and the purport of the whole pleadings are as follows: (a) the plaintiff lent KRW 42.2 million to the defendant through the head of Tong C who is the defendant's birth; and (b) the fact that the plaintiff urged the defendant to pay the repayment prior to the institution of the lawsuit in this

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 42 million won and the plaintiff 15% delay damages per annum from July 4, 2017 to the date of full payment, which is prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 4, 2017, the day after the delivery of the complaint with a considerable period of time from

2. The Plaintiff asserts that, as the Selection C has jointly and severally guaranteed the Defendant’s obligation to borrow funds, the Plaintiff is jointly and severally liable with the Defendant to pay the aforementioned borrowed funds.

However, it is not sufficient to recognize that the selected party C has guaranteed the defendant's obligation to borrow loans only with the statement of Gap evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

3. The plaintiff's claim against the defendant is accepted as reasonable, and the Claimant C's claim is dismissed as it is groundless.

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