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(영문) 창원지방법원밀양지원 2016.06.01 2016가단68
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 25,00,000 and each year from March 22, 2013 to January 18, 2016.

Reasons

In light of the facts stated in Gap evidence No. 1 and the purport of the whole pleadings, the plaintiffs leased KRW 30 million to defendant C on March 22, 2013 at the maturity date of payment and KRW 10% per annum, and the interest rate on June 22, 2013. The defendant D and E can be recognized as joint and several suretys for the above loan obligations on the same day. The plaintiffs have received reimbursement of KRW 5 million out of the above loan. Thus, the defendants are jointly and severally liable to pay to the plaintiffs the agreed interest and delay damages calculated at the rate of KRW 10% per annum from March 22, 2013 to January 18, 2016, which is the last delivery date of the copy of the complaint of this case, and damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

As to this, Defendant E asserts that the F paid 7 million won out of the above loan obligation by subrogation, but there is no evidence to acknowledge this, the above Defendant’s assertion is without merit.

Therefore, the plaintiffs' claim is reasonable, and it is so decided as per Disposition by admitting it.

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