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(영문) 서울서부지방법원 2015.02.13 2014가단22225
대여금 등
Text

1. Defendant B and C shall jointly and severally serve as KRW 100,000,000 for the Plaintiff and as a result, from March 9, 2011 to December 19, 2014.

Reasons

1. Comprehensively taking account of the entire purport of the pleadings as to claims against Defendant B and C, as set forth in the evidence Nos. 4 and 5 as to claims against Defendant B and C, Defendant B agreed to pay KRW 20,000,000 to the Plaintiff on November 4, 201, respectively, on January 13, 2011, and KRW 80,000,000 to the Plaintiff on March 8, 201, and the overdue interest rate of KRW 10,00 per annum from the following day if the payment was not made by the above due date was not made, Defendant C agreed to pay additional interest rate of KRW 10,00 per annum as to the above agreed amount obligation against the Plaintiff by Defendant B.

According to the above facts of recognition, Defendant B and C are jointly and severally liable to pay to the Plaintiff 100 million won (20 million won) and damages for delay at each rate of 20% per annum from March 9, 2011 to November 5, 2014, which is the day following the date of the last payment of the above contract, to the Plaintiff’s delivery of a copy of the application for change of purpose of claim and cause of claim as of November 19, 2014; and the damages for delay at each rate of 10% per annum from the next day to the day of full payment.

2. In the judgment on the claim against Defendant D, when the Plaintiff around 2007 lent the above amount of KRW 90 million to Defendant B, Defendant B stated that the above amount would be used to acquire the shares of the Ecafeteria, and Defendant D made a verbal agreement with Defendant B at the time of the payment of the amount, but Defendant B did not pay the amount, as Defendant B did not pay the amount, Defendant D made an oral agreement with Defendant B on May 1, 2007 to jointly take responsibility for the payment of the amount, and delivered the Plaintiff with Defendant B’s abandonment of the shares of Ecafeteria (Evidence A No. 2) and a transfer note (Evidence A 3). The above Defendant agreed to pay KRW 12,45 million out of the loans against the Plaintiff by Defendant B, and agreed to transfer KRW 10 million to the Plaintiff by means of payment, and thus, Defendant B did not transfer the shares of KRW 10,500,000,000 in the Ecafeteria.

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