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(영문) 수원지방법원 2015.01.16 2014가단20673
대여금
Text

1. The Defendants each share KRW 17,500,000 with a interest rate of KRW 20% per annum from April 28, 2014 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including additional numbers), it is recognized that the plaintiff and D respectively leased KRW 50,000,000 to the defendants, with the payment period of KRW 20,000 on December 31, 201, and interest rate of KRW 200,000 on November 12, 201, and KRW 200,000 on the same day, ② the payment period of August 31, 2012 on the same day, and interest rate of KRW 50,00,000 without any separate provision.

B. According to the above facts, unless there is a special declaration of intention between the parties, rights and obligations shall be borne by the plaintiff, D and the defendants in equal ratio.

As a result, the Defendants are obligated to pay to the Plaintiff 17,50,000 won (20,000 won (50,000 won) x 1/4 x 1/4) and as sought by the Plaintiff, damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 28, 2014 to the day of full payment, which is the day following the day of final delivery of the copy of the instant complaint.

2. As to the determination of Defendant C’s assertion, Defendant C asserted that the Plaintiff did not bear any obligation against the Plaintiff since D merely puts its signature and seal on the certificate of borrowing as a simple observer in the course of lending money again to Defendant C, but Defendant C’s above assertion is without merit, on the ground that there is no evidence to acknowledge it.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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