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(영문) 수원지방법원 2015.05.08 2015가단6155
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 26,970,000 on the Plaintiff and as a result, from January 24, 2014 to November 24, 2014.

Reasons

1. On December 24, 2013, the Plaintiff leased KRW 269.70,00 to UBS Co., Ltd. on the due date on January 23, 2014. Defendant B is liable to pay damages for delay calculated at a rate of 20% per annum as prescribed by the Civil Act from January 24, 2014, which is the following day after the due date for payment, to the Plaintiff, on the grounds that there is no dispute between the parties or the joint and several debt guarantee of the Defendant UBS Co., Ltd. may be recognized by comprehensively taking account of the descriptions in subparagraphs 1 through 3. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at a rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to November 24, 2014, when the duplicate of the complaint was served to the Defendants.

2. As to the defendants' defenses, the defendants left benz 500 vehicles as security for the above loan to the plaintiff, but there is no evidence to acknowledge the damage amounting to KRW 4 million due to the damage of the above vehicle, and thus, the defendants' defense is without merit.

3. The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all.

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