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(영문) 제주지방법원 2017.06.20 2016가단14439
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 104,713,114 and KRW 30,000,000 among them.

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim No. 1, the Plaintiff borrowed KRW 30,000,000 from the Plaintiff on May 3, 2006 between the Defendants and the Defendants on May 3, 2006, and paid in cash until November 2, 2006. When Defendant B delayed the repayment of principal, the delayed principal shall be paid damages for delay at the rate of 25% per annum for the delayed principal. Defendant C guaranteed the above obligation to the Plaintiff, and agreed to jointly and severally with Defendant B to perform the obligation. If the Defendants fail to perform the obligation under this contract, it can be acknowledged that there is no objection even if compulsory execution was conducted by a notary public of the deed No. 378, 2006.

According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from March 31, 2017 to October 19, 2016, calculated by the rate of 25% per annum, which is the agreement rate from November 3, 2006 to October 19, 2016, with interest of KRW 104,713,114, and the principal of KRW 30,000,000, which is the day following the last delivery date of the copy of the complaint of this case, as sought by the Plaintiff.

2. The defendant C's assertion is a defense that the above loan debt was extinguished by the statute of limitations, and its joint and several surety debt was also extinguished. Thus, the extinctive prescription shall run from the time when the fixed period has expired for the credit with the fixed period. The facts that the above loan debt repayment period was due on November 2, 2006 are as mentioned above. The lawsuit of this case is clearly presented on October 20, 2016, which is ten years from the above point of time. Thus, the above defense by the defendant C cannot be accepted.

3. Thus, the plaintiff's claim against the defendants is justified.

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