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(영문) 광주지방법원 목포지원 2017.01.12 2016가단6765
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 35 million and the Defendants limited liability company C from February 12, 2015 to February 12, 2016.

Reasons

1. On January 9, 2015, the Plaintiff’s determination as to the cause of the claim may be recognized by the purport of the entire pleadings and entries in the evidence Nos. 1 and 2 as well as the entire pleadings, with the period of reimbursement of KRW 35 million set by the Defendants on February 11, 2015.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 35 million and delay damages from February 12, 2015 to the day of full payment, which is the day following the due date.

Furthermore, the Plaintiff also sought interest on February 11, 2015 on the date of maturity, but there is no evidence to acknowledge that the interest was paid at the maturity date. Therefore, this part of the claim is rejected.

2. The Defendants asserted that the Defendants paid KRW 10 million to the Plaintiff on February 11, 2015.

On February 11, 2015, Defendant B paid KRW 10 million to the Plaintiff on or before February 11, 2015, without dispute between the parties. Meanwhile, the Plaintiff paid KRW 10 million to the Defendants on or before January 19, 2015, and the Defendants promised to pay the Plaintiff KRW 35 million and KRW 10 million paid to the Defendants on or before January 19, 2015, by February 11, 2015. The loan certificate stating, “The Plaintiff, on or after the payment of KRW 10 million, shall have been made by February 11, 2015,” the said KRW 35 million to the Plaintiff on July 20, 2016, which was paid by the Plaintiff.

b) will be held liable for civil or criminal charges when the undertaking is not performed.

It is reasonable to view that the Plaintiff’s additional loan of KRW 10 million, other than KRW 35 million, the Plaintiff claimed by Defendant B, as well as the Plaintiff’s 35 million, did not conflict between the parties.

Therefore, the defendants' defense cannot be accepted.

3. In conclusion, the Defendants jointly and severally agreed with the Plaintiff at KRW 35 million and 5% per annum under the Civil Act from February 12, 2015, the following day after the due date until the date when the Defendants received a duplicate of the instant complaint, and the next day to the date of complete payment.

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