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(영문) 창원지방법원 2016.01.15 2015가단18698
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 95,00,000 and 12% per annum from July 25, 2013 to November 4, 2015.

Reasons

On August 25, 2010, the Plaintiff loaned KRW 100,000,00 to Defendant B with interest rate of 12% per annum under Defendant C’s joint guarantee, and the fact that Defendant B paid KRW 5,00,000 among the above loans and did not repay the remainder of KRW 95,00,000,00,00, is not in dispute between the Plaintiff and Defendant B, and between the Plaintiff and the Defendant C, it is deemed that the said Defendant was led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of KRW 95,00,000 among the loans, and as requested by the Plaintiff, 12% per annum under the agreement from July 25, 2013 to November 4, 2015 when a copy of the complaint was served to the Defendants, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Thus, the plaintiff's claim of this case shall be accepted as reasonable.

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