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(영문) 인천지방법원 2020.08.28 2020가합54615
대여금
Text

1. Defendant B’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from February 1, 2015 to July 15, 2020, and the following.

Reasons

1. Basic facts

A. On October 17, 2014, the Plaintiff (a trade name, E, was changed to the current trade name on February 6, 2020) extended KRW 20 million to Defendant B on January 31, 2015, with the due date of repayment of KRW 15 million as of October 31, 2015, respectively.

B. The Plaintiff loaned KRW 30 million, October 17, 2014, to Defendant C Co., Ltd. (F, the trade name of which was changed to that of January 12, 2017; hereinafter “Defendant Co., Ltd.”) as of October 31, 2014, and KRW 20 million, October 30, 2014, respectively, as of January 31, 2015.

Defendant B and D guaranteed each of the above loans obligations.

[Reasons for Recognition] Defendant B: Each entry in Gap evidence Nos. 1, Gap evidence Nos. 2, 3, and 4-1 and 2, the purport of the whole pleadings, the defendant company, and D: The absence of dispute

2. According to the above facts of determination, Defendant B is obligated to pay to the Plaintiff the amount of loans KRW 35 million and the amount of delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from February 1, 2015 to July 15, 2020, which is the day immediately following the due date of payment, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The Defendants are jointly and severally liable to pay the amount of loans or joint guarantee, and the amount of delay damages calculated at the rate of 12% per annum from February 1, 2015 to the day immediately following the due date of payment. The Defendants are jointly and severally liable to deliver a complaint from February 1, 2015 to July 15, 2020; the Defendant Company is until May 18, 2020; and the Defendant D is 5% per annum from the next day to July 17, 2020.

3. The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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