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(영문) 인천지방법원 2015.11.27 2015가단230142
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 52,428,00 and 5% per annum from June 1, 2013 to August 17, 2015.

Reasons

1. Determination as to the cause of claim

A. On June 26, 2012, the Plaintiff: (a) lent KRW 52,428,00 to Defendant A with the due date set on May 31, 2013; and (b) Defendant B guaranteed the said loan obligations to the Plaintiff on the same date.

[Ground of Recognition] Defendant A: A without dispute, entry of Gap evidence, Gap evidence 1-2-1 through 3, and Gap evidence and the purport of whole pleadings: Defendant B: Article 208(3)2 and Article 150(1) and (3) of the Civil Procedure Act (Voluntary Claim)

B. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff 52,428,000 won and 5% per annum as prescribed by the Civil Act from June 1, 2013 to August 17, 2015, the delivery date of a copy of the complaint in this case, and 15% per annum as prescribed by the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015 (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015); and 20% per annum as prescribed by Article 2(2) of the Addenda; and 30% per annum as of September 25, 2015 from the next day to the day of full payment.

2. In conclusion, the plaintiff's claim against the defendants is accepted as it is with merit.

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