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(영문) 수원지방법원안양지원 2016.06.16 2016가단1296
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 23,00,000 and Defendant B with respect thereto from December 30, 2015, and Defendant C with respect thereto.

Reasons

Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1-1 through 3, the plaintiff can be acknowledged as the fact that the plaintiff lent KRW 23 million to the defendant Eul under the joint and several guarantee of the defendant C on October 10, 2012. Thus, the defendants are jointly and severally liable to pay to the plaintiff 23 million won 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 Apr. 10, 2016 to the day of full payment, on the record that the original copy of the payment order in this case was served to the above defendant as requested by the plaintiff.

As to this, Defendant B borrowed KRW 15 million from the office operated by D, and partly repaid the loan claims. The Plaintiff acquired the above loan claims and made no longer possible contact with the Plaintiff around June 2014 when the Plaintiff repaid part of the loan claims to the Plaintiff. The Plaintiff asserted to the effect that the loan claims against Defendant C are filed with the Plaintiff. However, there is no evidence to acknowledge this, the above Defendant’s assertion is without merit.

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

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