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(영문) 서울동부지방법원 2016.10.11 2016가단5642
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 100,000,000 won and the period from October 1, 2014 to February 24, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the assertion on the cause of the claim, the Defendants borrowed KRW 100 million from the Plaintiff on December 11, 2012, and the interest shall be paid at a rate of 1% per month on January 11, 2013, and shall be paid within six months from January 11, 2013, and the Defendants agreed to jointly repay the borrowed amount (hereinafter “the instant loan agreement”).

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100 million and to pay damages for delay calculated at the rate of 12% per annum pursuant to the agreement from October 1, 2014 to February 24, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum pursuant to the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment, to the day of full payment.

2. As to Defendant B’s assertion, Defendant B asserted that the actual obligor of the instant loan loan agreement is a chip trade company, and Defendant B is only written in the name of the loan certificate. However, the evidence submitted by Defendant B alone is insufficient to acknowledge the above facts. Rather, Defendant C and D stated in this court that Defendant B were liable to compensate for KRW 100 million and Defendant B prepared the certificate of direct loan. Thus, Defendant B’s assertion is rejected.

3. The plaintiff's claim for conclusion is justified and accepted.

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