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(영문) 대구지방법원경주지원 2019.05.08 2018가단14970
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 167,00,000 and the interest thereon from December 4, 2018 to the date of full payment.

Reasons

1. The Plaintiff, on March 29, 2018, did not enter into an agreement with Defendant B on interest rate of KRW 181 million, without which KRW 300,000 to KRW 5,000 as of the last day of each month from April 2018; where a contract has been concluded later, the Plaintiff agreed to pay a sum of KRW 30 million to KRW 50,000 to KRW 50,000; and the Defendant C, the husband of the Defendant B, guaranteed the Plaintiff’s debt on the same day without dispute between the parties; on the other hand, the Plaintiff, on three occasions from April 2018 to April 5, 2019, received each of KRW 300,000,000 from Defendant B; and on three occasions from November 1, 2019 after the instant lawsuit, from the date of the instant lawsuit, the Plaintiff is a person who has been repaid each.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 167 million won (=181 million won - 9 million won - 5 million won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 4, 2018 to the date of full payment.

2. If so, the plaintiff's respective claims against the defendants are justified, and it is so decided as per Disposition with the assent of all participating Justices.

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