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(영문) 울산지방법원 2020.01.08 2019가합360
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 270,000,000 and the interest thereon from April 17, 2019 to the date of full payment.

Reasons

On May 2, 2008, the Plaintiff lent KRW 270,000,00 to Defendant B Co., Ltd. (hereinafter “Defendant B”) on the due date on April 2, 2009. The fact that Defendant C guaranteed the Defendant B’s obligation is recognized by considering the overall purport of the pleadings as a whole among the Plaintiff and the Defendant B, and there is no dispute between the Plaintiff and the Defendant C.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the above loans KRW 270,000,000, and damages for delay calculated by the rate of 12% per annum from April 17, 2019 to the date of full payment after the copy of the instant complaint was finally served on the Defendants.

As to this, Defendant B asserted that Nonparty D, the representative director of which, was the principal debtor at the time, was actually paid the borrowed money, but there is no evidence to acknowledge this, and it is not easy to recognize the facts differently from the disposal document.

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all.

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