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(영문) 서울중앙지방법원 2019.07.05 2018가합537970
대여금
Text

1. Defendant B’s KRW 663,99,90 for the Plaintiff and 12% per annum from September 1, 2010 to February 26, 2019.

Reasons

1. The Plaintiff entered into a quasi-loan agreement with Defendant B, from August 14, 2010 to December 12, 2007, setting the maturity of KRW 663,99,00 as the total amount of loans lent to the above Defendant and KRW 663,99,00 on August 31, 2010 and interest monthly.

[Reasons for Recognition]

1. B between the plaintiff and the defendant: Confession (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

2. Between the plaintiff and the defendant C: Each description of Gap 1 and 2.

2. According to the facts found in the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from September 1, 2010 to February 26, 2019, which is the date of the last delivery of the copy of the complaint in this case, and at the rate of 15% per annum from the next day to the date of full payment, to the date of the last delivery of the copy of the complaint in this case.

3. Claim against Defendant C

A. The summary of the claim is that Defendant C is jointly obligated to pay the above borrowed amount to the Plaintiff, as it concurrently assumed the obligation of the borrowed amount to be borne by Defendant B in accordance with the above quasi-loan agreement.

B. 1) Interpretation of a juristic act is to clearly define the objective meaning that the parties have granted to the act of expressing, and it is not bound to the text, but is to reasonably interpret the objective meaning that the parties have given to the act of expressing, regardless of the party’s inner intent. In a case where the objective meaning is not clearly expressed by the party’s language, it shall be reasonably interpreted in accordance with logical and empirical rules, and common sense of social norms and transaction norms so that it conforms to the ideology of social justice and equity, by comprehensively taking into account the contents of the text, the motive and circumstance leading up to the juristic act, the purpose and genuine intent of the parties to the juristic act, transaction practices, etc.

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