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(영문) 대전지방법원논산지원 2015.01.15 2014가단2184
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and 5% per annum from October 19, 2008 to November 27, 2014.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2 and 3:

On December 6, 2003, the Plaintiff lent 30,000,000 won to Defendant C for the due date set on May 6, 2004.

The Plaintiff additionally lent 10,000,000 won to Defendant C.

B. On March 26, 2004, Defendant B, one of Defendant C’s children, drafted a letter of intent to repay the Plaintiff the total amount of KRW 40,000,000 within three months.

C. On October 18, 2008, Defendant B again drafted a cash storage certificate to pay the Plaintiff the total amount of KRW 40,000,000 to December 31, 2010.

Defendant B signed the said cash custody certificate as the surety.

2. According to the above findings of determination, the Plaintiff loaned total of KRW 40,000,00 to Defendant C, and Defendant B and D promised to pay the above loan jointly with Defendant C. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated at the rate of 20% per annum as prescribed by the Civil Act from October 19, 2008 to November 27, 2014, which is the date of the final delivery of the copy of the instant complaint from October 19, 2008 to November 27, 2014, and from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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