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(영문) 서울중앙지방법원 2016.01.29 2015가합528517
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 120,000,000 and KRW 100,000 among them, from May 31, 201 to 20,000.

Reasons

1. Evidence Nos. 1 (the document’s authenticity is presumed to be established on the ground that there is no dispute over the part of the Defendant’s seal imprinted by the Plaintiff, but there is no evidence to acknowledge it. Rather, in addition to the whole purport of the pleadings in each of the statements Nos. 3 through 13, Defendant C’s husband, who is the agent of Defendant C, shall affix the above document according to his/her will), and in addition to the whole purport of the pleadings in each of the statements Nos. 2 and 9, the Plaintiff shall lend interest of KRW 100,000 to Defendant B on October 28, 2009 at 21% per annum, and one year after the date of maturity for the loan, and the interest rate of KRW 20,000,000 per annum on September 7, 2010 shall be set at 21% per annum, and Defendant C shall have the responsibility to confirm the loan’s repayment confirmation to the Plaintiff on September 18, 2015.

In light of the relationship (mother-and-child relationship) between the Defendants recognized by the aforementioned evidence and the place of use of the above loan (the proceeds from the sale of the goods awarded by Defendant C in the real estate auction procedure), Defendant C may be deemed to have acquired the above debt overlappingly with the Defendant B by preparing and granting the above loan certificate to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 21% interest or delay damages per annum on the sum of KRW 120,000,000 and KRW 100,000,000 per annum pursuant to the agreement from May 31, 201 to the date of full payment, which is the day following the date of final payment of interest, to the day of full payment.

Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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