logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.03 2017가합1922
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from May 13, 2018 to the date of full payment.

Reasons

1. If the purport of the entire pleadings is added to the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the plaintiff loaned KRW 200,000,000 to the defendant B on October 20, 208. The plaintiff additionally lent KRW 200,000 to the defendant B on July 9, 2009 after the due date specified as of September 10, 2009, and the defendant C, the wife of the defendant B, jointly and severally guaranteed the above additional loan obligation; the defendant C and D obtained a loan of land under the name of the defendant C and D as security at the same time to the plaintiff on February 4, 2010, regardless of the amount of the loan, at around 350,00,000 won and the remaining amount, at around 350,000,000 won, and at around 300,000,000 won, 309,000,000 won, which were provided as security.

According to the above facts, it is reasonable to view that Defendant C and D jointly and severally guaranteed the obligation to borrow a total of KRW 400,000,000,000,000 from the Plaintiff. Since the repayment period for the above loan is deemed to have arrived at around December 2, 2010, the Defendants are jointly and severally liable to pay the Plaintiff KRW 300,000,000 and the delay damages as the Plaintiff seeks.

2. In conclusion, the Defendants jointly and severally are liable to pay to the Plaintiff KRW 300,00,000 as well as damages for delay calculated at the rate of 15% per annum from May 13, 2018 to the date of full payment, which is the day following the delivery of a copy of the instant complaint. Thus, the Plaintiff’s claim is justified, and it is so decided as per Disposition.

arrow