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Reasons
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(영문) 대구지방법원 김천지원 2018.08.10 2018가합70
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff for 428,000,000 won and the period from October 1, 2008 to April 13, 2018.

Reasons

1. Indication of claim;

A. On June 8, 2006 to September 10, 2008, the Plaintiff lent a total of KRW 4550 million to Defendant B as follows. Defendant B paid the principal amount of KRW 17 million on June 20, 2008 and KRW 10 million on September 30, 2008, respectively.

Serial 1: 35,00,000 on June 8, 2006; 200 on February 31, 2008; 30,000 on March 5, 2008; 50,000,00 on March 25, 2008; 50,000 on March 25, 200 on March 2008; 30,000 on March 28, 200, 208; 30,000,00 on March 28, 200, 200,000 on March 4, 200, 200, 00 on March 4, 200, 200, 00 on March 45, 2000; 8,000 on April 14, 2008;

B. On September 30, 2008, the Defendants agreed to pay the Plaintiff the remainder of the loan amounting to KRW 428 million (= KRW 455 million - KRW 17 million - KRW 10 million). Defendant B, on February 20, 2009, agreed to pay the Plaintiff KRW 485 million by taking into account the above loan and interest up to March 31, 2009.

‘I' have issued a certificate of borrowing.

C. Defendant C, jointly and severally with Defendant B and Defendant B, who concurrently borrowed the above money, jointly and severally assumed the obligation to return the borrowed money, exceeds the interest calculated at the rate of 5% per annum from October 1, 2008 to March 13, 2018, which was served on the Defendants by the duplicate of the complaint of this case, within the scope of the interest rate set by the Defendants, and 57 million won per annum from April 13, 2018, which the Defendants agreed to pay as interest (i.e., KRW 4857 million - KRW 428 million).

From the following day to the day of full payment, there is an obligation to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1-4 and the purport of the whole pleadings

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice).

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