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(영문) 대전지방법원 2014.04.03 2013가합2287
대여금
Text

1.(a)

Defendant D shall pay to the Plaintiff KRW 40,000,000 for KRW 40,000 for the Plaintiff, and from March 16, 2013 for the Plaintiff, KRW 104,400,00 for the Plaintiff B.

Reasons

Plaintiff

On March 11, 2009, Plaintiff A lent KRW 40,000 to Defendant D with interest rate of KRW 2% per month, and KRW 40,00,00 without setting the due date, and received interest from Defendant D to March 15, 2013, Plaintiff B lent KRW 20,000 to Defendant D on April 15, 201 without setting the due date, and KRW 40,00,000 to February 15, 2013; Plaintiff B received interest from Defendant D from Defendant D until February 15, 2013; Plaintiff B extended interest rate of KRW 64,40,00 to KRW 64,00,00 from March 1, 2013 to Defendant D with each of the above claims for reimbursement (the same shall apply to each of the above claims made by the Plaintiffs as a copy of each of the complaint.

According to the above facts, Defendant D is obligated to pay interest or delay damages on KRW 40,00,00 from March 16, 2013, which delayed payment of interest on the borrowed amount of KRW 40,000 and KRW 104,40,000 from March 16, 2013 to the Plaintiff, while Plaintiff B is obligated to pay interest or delay damages on KRW 40,000 from February 16, 2013, which delayed payment of interest for KRW 64,40,00 from March 9, 2013 to the date of full payment.

2. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 4 through 8 as to the claims against the Defendants of the Plaintiff C, the Plaintiff: (a) transferred the total amount of KRW 165,00,000 to Defendant D from December 10, 2008 to November 16, 2010; (b) the Defendants borrowed KRW 165,00,000 from Plaintiff C on November 15, 201, prior to the transfer of all the above amounts, prior to the transfer of the amount, the Defendants borrowed KRW 165,00,000 from Plaintiff C on November 15, 201; (c) interest rate shall be 2% per month; and (d) the maturity date shall be determined as August 15, 2012 (hereinafter “the instant evidence No. 1”).

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