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(영문) 창원지방법원 2019.04.11 2017가단119052
대여금
Text

1. The Defendants shall jointly and severally pay to Plaintiff A KRW 27,00,000 and the interest rate therefor from December 14, 2017 to the date of full payment.

Reasons

1. Plaintiff A’s loan claim

A. (1) On March 11, 2011, Plaintiff A loaned KRW 60 million to Defendant A, which was due on March 11, 2011, KRW 420,000,000,000, to Defendant D’s payment period. (2) Defendant D guaranteed Defendant D’s joint and several debt to Defendant A’s payment period.

3 The Plaintiff A received reimbursement of KRW 33 million out of the above borrowed money.

B. According to the above facts, the Defendants are jointly and severally liable to pay to Plaintiff A the remainder of KRW 27 million among the above loans and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 14, 2017 to the date of full payment, as requested by the Plaintiff, after the due date of the above agreement.

2. Plaintiff B’s loan claim

A. Plaintiff B’s assertion 1) On September 20, 2012, Plaintiff B made a loan with the amount of KRW 19 million on September 20, 2012 and KRW 53 million on November 26, 2012 at the interest rate of KRW 500,000,000,000,000. Defendant D jointly and severally guaranteed Defendant D’s claim for the above loan amount of KRW 53,000,000,000,000,000,000,000,000,000,000.

Defendant D has not jointly and severally guaranteed the above debt of Defendant D Co., Ltd.

B. 1) In full view of the respective entries and arguments in subparagraphs 2, 3, and 1, 6, 7, and 8 of the Plaintiff B’s loans to the Defendant Dispute Resolution Co., Ltd., and the overall purport of the pleadings, Plaintiff B loaned to the Defendant Dispute Resolution Co., Ltd. a total of KRW 53 million on September 20, 2012, and KRW 53 million on November 26, 2012. Accordingly, the Defendant Dispute Resolution Co., Ltd is liable to pay damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint to the day of full payment. 2) Defendant D’s joint and several sureties’s joint and several liability is determined.

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