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(영문) 대구지방법원 2016.08.30 2016가단12325
대여금
Text

1. The Defendants jointly share KRW 82 million to the Plaintiff, as well as 5% per annum from November 1, 2013 to June 24, 2016.

Reasons

In the absence of dispute between the parties or comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 3, the plaintiff lent the payment period of KRW 120 million to the defendant Eul on October 31, 2013, and the defendant C guaranteed the above loan obligation against the plaintiff of the defendant Eul, and the defendant C voluntarily recognized that he was paid the payment amount of KRW 38 million out of the above loan. Thus, the defendants jointly have a duty to jointly pay the remaining loan amount of KRW 82 million to the plaintiff (=120 million - 38 million) and damages for delay calculated at the rate of 15% per annum from November 1, 2013 to June 24, 2016, on the record that it is evident that the original copy of the payment order of this case was served to the defendants from the day following the above payment period to November 1, 2013 to June 24, 2016.

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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