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(영문) 서울중앙지방법원 2015.01.16 2014가단89537
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from June 18, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 5, 2008, the Plaintiff lent KRW 50,000,00 to Defendant B.

B. On the same day, Defendant C jointly and severally guaranteed Defendant C’s above loan obligation against the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the above borrowed amount of KRW 50,000,000 as well as damages for delay calculated at the rate of 20% per annum from June 18, 2014 to the day of full payment, which is the day following the final delivery of the duplicate of the instant complaint to the Defendants.

B. As to this, Defendant B asserted that Defendant C’s pro-friendly type D agreed on the above borrowed money with the Plaintiff, and that the Plaintiff brought two vehicles to the Plaintiff according to the terms of the agreement, Defendant B is not liable to pay the above borrowed money to the Plaintiff. However, there is no evidence to acknowledge this, Defendant B’s above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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