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(영문) 서울남부지방법원 2018.11.06 2018가단205913
어음금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 125 million and Defendant B with respect thereto from February 24, 2018, and Defendant C with respect thereto.

Reasons

1. On January 2005, the Plaintiff: (a) lent KRW 125 million to the Plaintiff upon the request of the Defendants that D (representative director C) borrowed the acquisition fund for acquiring the right to sell Incheon E commercial building; (b) the Defendants made and delivered the above E commercial building sales contract form to the Plaintiff as a collateral for the above loan; (c) the Defendants made and delivered the said contract form to the Plaintiff on September 4, 2007, upon receiving a demand from the Plaintiff for the repayment of the loan amount; (d) the Defendants made and prepared a notarial deed with the Defendants on September 4, 2007, a joint issuer and D Co., Ltd., Ltd., with a promissory note amounting to KRW 50 million in face value, KRW 25 million in face value, and KRW 5 million in face value, respectively, and there is no dispute between the Plaintiff and Defendant B; and (e) the Plaintiff and Defendant C may be acknowledged by comprehensively taking into account the purport of each of the statements in subparagraphs 1 through 5.

Therefore, barring any special circumstance, the Defendants are jointly and severally obligated to jointly and severally pay to the Plaintiff the loan amount of KRW 125 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until November 6, 2018, which is the date when the Defendants rendered a substantial decision, to dispute on the existence and scope of the obligation to perform from the following day (Defendant B, February 24, 2018; Defendant C, December 15, 2017) to the Defendants.

The Plaintiff claimed 20% a year from September 5, 2007 to September 30, 2015, and 15% a year from the next day to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. However, unless there is no proof of the due date, the borrowed amount obligation of this case is an obligation without a fixed deadline and is liable for delay from the date on which the obligor receives a request for performance, and damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be a duplicate of the complaint.

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