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(영문) 대구지방법원 2019.05.14 2018가단118753
대여금
Text

1. The Defendant’s KRW 70,000,000 as well as the Plaintiff’s annual rate of 5% from August 31, 2015 to July 2, 2018.

Reasons

1. Basic facts

A. On March 1, 2015, the Plaintiff (hereinafter “C”) separately determined and leased the deposit amount of KRW 30,000,000 for a factory in Daegu-gu, Seogu, Daegu-gu, as well as the electricity tax, to C (hereinafter “C”).

B. Since January 2015, C had been in arrears with monthly rent and electricity rent, due to the Plaintiff’s payment of KRW 60,000,000 to C on March 26, 2015, and April 1, 2015, the Plaintiff had a total of KRW 107,054,000,000 as follows.

Monthly rent, electricity rent of KRW 3,700,000 on February 5, 2015, monthly rent of KRW 3,700,000 on March 2015, 2015, monthly rent of KRW 3,700,000 on March 26, 2015; C Wage of KRW 60,000,000 on March 26, 2015; and C Wage of KRW 22,00,000 on April 1, 2015; KRW 60,000 on April 5, 2015 (F company) KRW 4,30,000 on April 20, 200, KRW 00 on April 20, 200 on KRW 10,000 on April 20, 200 on KRW 10,50 on April 20, 205; and KRW 40,504,005.

C. On May 1, 2015, the Plaintiff prepared a loan certificate (hereinafter “the loan certificate of this case”) with the amount of KRW 100 million (hereinafter “the loan of this case”) designated as the Defendant G, the joint and several sureties as the Defendant, and the date of maturity on August 30, 2015, in the sense of settling the above claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, as a joint and several surety, the defendant is obligated to pay damages for delay at each rate of KRW 70,00,000, which is part of the loans of this case, and 5% per annum prescribed by the Civil Act from August 31, 2015 to July 2, 2018, which is the day following the due date for repayment, from August 31, 2015 to the day of service of a copy of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day

B. On the judgment of the defendant's assertion, the defendant secured the payment of the bill.

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