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(영문) 인천지방법원 2015.11.24 2015가단52199
대여금
Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s 20% per annum from August 19, 2015 to September 30, 2015.

Reasons

1. The Plaintiff’s judgment on the cause of the claim amounting to KRW 30 million on March 5, 2012, and the same month.

6. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from August 19, 2015 to September 30, 2015 on the record that the delivery date of the instant payment order is the day following the delivery date of the instant payment order, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, on the grounds that the loans of KRW 50,000,000 to KRW 50,000 have no dispute between the parties.

2. On the judgment of the defendant's assertion, the defendant asserted that C is unable to comply with the plaintiff's claim since C exempted the defendant from the defendant's obligation to borrow funds. However, it is not sufficient to recognize that C consented to the plaintiff's obligation to borrow funds with respect to the plaintiff as exempted from liability, and there is no other evidence to acknowledge this differently. Thus, the defendant's argument cannot be accepted.

3. Therefore, the plaintiff's claim is accepted within the scope of the above recognition and the remaining claims are dismissed. It is so decided as per Disposition.

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