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(영문) 수원지방법원여주지원 2016.04.20 2015가단23811
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 65,00,000 and the Defendants B from October 19, 2014 to September 30, 2015.

Reasons

1. The Plaintiff agreed to take over monetary claims against D on August 5, 2014 between D and the Defendants, taking into account the following facts: (a) there is no dispute over determination as to the cause of the claim; and (b) comprehensively taking account of the purport of the entire pleadings in each of the written evidence Nos. 1 and 2 (including additional numbers); and (c) the Defendants borrowed KRW 60 million from the Plaintiff until August 18, 2014 on the same day, and are subject to any punishment, such as the seizure of property rights, upon the lapse of the said period.

The borrower prepared and delivered a loan certificate (Evidence 1-1) stating Defendant B and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), a joint and several surety (hereinafter “Defendant”). The Defendants who did not pay the said money to the Plaintiff by the said deadline, taking into account the interest accrued from September 2014 to October 18, 2014, shall borrow the amount of KRW 65 million as of October 18, 2014 as of the date of repayment. Upon the expiration of the said period, the Defendants are subject to any punishment, such as the seizure of property rights, etc.

According to the above facts, the Defendants consented to the Plaintiff’s transfer of the claim against D to the Defendants, and it is reasonable to deem that Defendant B paid the Plaintiff KRW 65 million to the Plaintiff until October 18, 2014, and Defendant Company concluded a quasi-loan agreement with the Plaintiff for consumption with the joint and several liability. As such, the Defendants jointly and severally liable to the Plaintiff from October 19, 2014 to September 30, 2015, when the duplicate of the complaint of this case was delivered to Defendant B, until September 30, 2015, and until September 23, 2015, when the duplicate of the complaint of this case was delivered to the Defendant Company, the Defendant Company is obligated to pay damages for delay calculated at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until September 23, 2015.

2.

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