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(영문) 대구지방법원상주지원 2014.12.18 2014가합457
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 110,00,000 and 20% per annum from August 5, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff lent a total of KRW 100 million to Defendant B as shown below, and Defendant C jointly and severally guaranteed the above loan obligations against the Plaintiff by Defendant B.

The loan interest / late payment due date of April 5, 2006, which is a joint and several surety for the debtor, 15.6% per annum / 24% per annum on April 5, 2007 / [10 million won per annum on April 5, 2007] KRW 24% per annum on September 30, 2007

B. The Defendants continued to remit a certain amount to the Plaintiff’s account from May 1, 2006 to August 30, 2014 as the interest of each of the above loans, but even if the amount is added up, it does not extend to the interest in arrears prior to the filing of the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence of subparagraphs 1 through 3, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable for payment of KRW 10 million to the Plaintiff at the rate of 20% per annum from August 5, 2014 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks.

3. The plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

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