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(영문) 서울남부지방법원 2016.11.25 2016가합2094
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 1,50,000,000 and Defendant C from December 31, 2011 to June 30, 2016.

Reasons

1. Indication of claim;

A. On June 30, 2011, the Plaintiff loaned KRW 1.5 billion (hereinafter “instant loan”) to Defendant B as of December 30, 2011, setting the due date for repayment as of December 30, 201, and Defendant C jointly and severally guaranteed the instant loan obligation on the same day.

B. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 1.5 billion and the amount of damages for delay calculated at the rate of 5% per annum under the Civil Act from July 1, 2011 to the delivery date of a duplicate of the complaint of this case from the next day to the date of full payment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date

2. Article 208 (3) 1, and Article 257 of the Civil Procedure Act to which the same Act applies;

3. The part dismissing part of the Plaintiff claimed against the Defendant for the payment of interest or delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the date of lending the instant loan to the date of serving the duplicate of the complaint. However, even if the Plaintiff asserted that the repayment period of the instant loan was fixed on December 30, 201, the interest agreement was not asserted or presented, and the starting date of the statutory delay damages that the Plaintiff may claim against the Defendant is December 31, 2011, and thus, the Plaintiff’s claim for delay damages from July 1, 2011 to December 30, 201, the date following the date of repayment of the instant loan, among the Plaintiff’s claims for delay damages, is dismissed.

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