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(영문) 대전지방법원천안지원 2017.05.18 2015가단109818
대여금
Text

1. The Defendants jointly share KRW 30,000,000 to the Plaintiff and Defendant B with respect thereto from November 5, 2015, and Defendant C.

Reasons

1. There is no dispute between the parties to the determination of the cause of the claim, or comprehensively taking account of the whole purport of the pleading in the statement No. 1, the Plaintiff lent KRW 30 million to the Defendant B on December 6, 2014, within one month from the date of the loan, and the Defendant C guaranteed it.

According to the above facts of recognition, the Defendants are jointly obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 5, 2015 to the day following the delivery of a copy of the instant complaint to the Defendants, as sought by the Plaintiff, and Defendant C is jointly obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 28, 2015 to the day of full payment.

2. As to the determination of the Defendants’ assertion, since Defendant B lent KRW 350 million to the Plaintiff around February 3, 2014, the Defendants asserted that the Defendants did not have any obligation to pay to the Plaintiff, but there is no evidence to support the fact that Defendant B had any obligation to pay to the Plaintiff in equal amount with the Plaintiff’s loan claims, in full view of the entire purport of the pleadings in the entries in Articles 5 and 6 evidence, the Defendants filed a lawsuit against the Plaintiff for claiming a loan of KRW 350 million with this court under 2015Ga1782, which was sentenced to the judgment against the Plaintiff on June 10, 2016, and the above judgment became final and conclusive as the withdrawal of Defendant B’s appeal on August 10, 2016. Therefore, the Defendants’ assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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