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(영문) 서울동부지방법원 2014.10.24 2014가단27730
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 24% per annum from August 23, 2012 to July 22, 2014.

Reasons

1. On July 23, 2012, the Plaintiff determined KRW 25 million to Defendant B, the due date until April 23, 2014, interest rate of KRW 24% per annum, and interest rate of KRW 30% per annum, respectively; ② KRW 25 million per annum, the due date of repayment until April 23, 2014, interest rate of KRW 24% per annum, and delay damages rate of KRW 30% per annum, respectively; and the fact that Defendant C guaranteed each of the above principal and interest obligations to the Plaintiff on the same day may be recognized pursuant to Article 150(3) of the Civil Procedure Act among the Plaintiff and Defendant C. The Plaintiff and Defendant C may be recognized by comprehensively taking into account the overall purport of each of the entries and arguments in Articles A-1, 1-2, 2 and 3.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 50 million won (=25 million won) and damages for delay calculated by 24% per annum from August 23, 2012 to July 22, 2014, which is the final delivery date of the copy of the instant complaint, as sought by the Plaintiff, from August 23, 2012 to July 22, 2014, and 30% per annum from the next day to the day of full payment.

3. If so, the plaintiff's claim against the defendants is justified.

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