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(영문) 광주지방법원 2017.04.14 2016가단40830
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest thereon from September 7, 2006 to the day of full payment.

Reasons

1. According to the evidence evidence No. 1 of the judgment as to the cause of the claim, the plaintiff lent KRW 40 million to the defendant B without having separately set the due date for payment on February 10, 2004, and the defendant C, D, and E provided joint and several guarantee for the above loans on the same date. After that, the plaintiff notified the defendants of the return of the above loans on or around 2004, but the defendants did not comply with the above demand. The plaintiff filed a lawsuit against the defendants, and on September 29, 2006, "the defendant jointly and severally pays the plaintiff 40 million won and the amount calculated at a rate of 20% per annum from September 7, 2006 to the date of full payment." The above judgment was finalized around that time, and the plaintiff filed a lawsuit of this case with the court of this case on November 15, 2016, which is ten years before the above judgment became final and conclusive.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 40,000,000 won with 20% interest per annum from September 7, 2006 to the day of full payment.

2. Defendant B’s defense defenses to the effect that the above loan amount of KRW 20 million was paid by another person, but there is no evidence to acknowledge it. Thus, Defendant B’s defenses are without merit.

3. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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