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(영문) 서울중앙지방법원 2020.03.25 2019가단25187
대여금 청구의 소
Text

1. The Plaintiff:

A. Defendant B’s KRW 53,00,000 and interest rate of KRW 12% per annum from June 12, 2019 to the date of full payment.

Reasons

Facts of recognition

The Plaintiff loaned KRW 23,00,000,000 to Defendant B on January 13, 2014, and KRW 5,000,000 on December 18, 2014, and KRW 3,000,000 on August 6, 2016, and KRW 10,000 on January 5, 2018.

On February 22, 2014, the Plaintiff lent KRW 30,000,000,000 to Defendant C, who is his father and wife of Defendant B, and KRW 30,00,00,000,00 on July 4, 2014.

On January 5, 2018, Defendant B issued to the Plaintiff a loan certificate stating that the money borrowed by Defendant C would be repaid as a joint and several surety by Defendant B.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire pleadings are as follows; according to the above facts, defendant B is obligated to pay the plaintiff the total amount of KRW 53,000,000 (= KRW 30,000,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 12, 2019 to the day of full payment on the record that the copy of the complaint of this case was served to defendant B, and the defendant C is jointly and severally liable with the defendant Eul to pay the above borrowed amount of KRW 30,00,000 among the above borrowed money and the following day after the copy of the complaint of this case was served to the defendant C with the total amount of KRW 53,00,00,000 and damages for delay calculated at the rate of 12% per annum per annum from July 31, 2019 to the day of full payment.

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

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