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(영문) 의정부지방법원 2016.04.05 2015가단16644
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 100,000,000,000 per annum from July 1, 2012 to April 17, 2015; and

Reasons

1. The facts of recognition are as follows: (a) Defendant B borrowed KRW 100 million from the Plaintiff on February 22, 2012 under Defendant C and D’s guarantee on February 23, 2012; (b) agreed to pay each of the above KRW 20 million on February 23, 2012; (c) KRW 10 million on April 30, 2012; (d) KRW 30 million on June 30, 2012; and (e) on April 20, 2012, the Plaintiff agreed to cancel provisional attachment on the land of Seocheon-gun if the Plaintiff paid KRW 20,000 to Defendant B on April 20, 2012; (e) the said Defendant did not cancel provisional attachment; (e) the Plaintiff did not express its intent to cancel provisional attachment on the grounds of deception against the Defendant with the service of the original copy of the payment order in this case; or (e) did not present any dispute between the parties concerned in the entire pleadings.

2. According to the above findings of determination, Defendant B is obligated to pay to the Plaintiff 10 million won of the loan and 5% per annum as stipulated by the Civil Act from July 1, 2012 following the date of the final payment date to April 17, 2015, the service date of the original copy of the instant payment order, 20% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings before the Amendment from the next day to September 30, 2015, and 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings after the amendment from the next day to the day of the full payment. Defendant C is jointly with Defendant B to pay 50 million won of the above amount and 50 million won from the next day after the day of the final payment date to the day of the last payment date, 50% per annum as to the payment date of the complaint from July 1, 2012 to the day after the last payment date, and 15.30% per annum.

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