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(영문) 부산지방법원동부지원 2020.04.09 2019가합108878
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 220,000,000, and Defendant B from February 5, 2020 to Defendant C, and Defendant C from February 5, 2020 to the Plaintiff.

Reasons

1. On October 10, 201, the Plaintiff indicated the claim and lent KRW 220,000,00 to Defendant B on the due date on December 28, 2011. Defendant C guaranteed the above loan obligation against the Plaintiff on the same date. As such, Defendant C claimed against the Defendants for payment of KRW 220,000,000 and damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. The Plaintiff seeking payment of damages for delay as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings even on the day on which the duplicate of the complaint is served. However, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that statutory interest rates as stipulated by the above Act shall be applied from the day following the day on which the complaint demanding the performance of monetary obligations is served on the obligor. Thus, the part demanding payment of damages for delay as stipulated by

3. Applicable provisions;

(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant C: Article 208(3)2 of the Civil Procedure Act (a judgment made by a person who is deemed as a confession);

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