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(영문) 대구지방법원 포항지원 2018.06.21 2017가단4209
대여금
Text

1. The Defendants are jointly and severally liable for 60,000,000 won and the interest rate of 15% per annum from December 17, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants jointly operated the “E” under Article 502 of the Jongno-gu Seoul D Building between husband and wifes.

B. The Plaintiff, on August 18, 2005, lent to the Defendants KRW 20 million, KRW 20 million on February 2, 2009, and KRW 60 million on January 13, 2010, as interest rate, 25% per month.

C. The Defendants paid part of the interest on the borrowed money to the Plaintiff by March 31, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 60 million (the Defendant B was the person who did not pay the principal to the Plaintiff on the first date of pleading) and the damages for delay calculated by the rate of 15% per annum from December 17, 2017 to the day of full payment, as requested by the Plaintiff, from the day following the last delivery date of the copy of the complaint of this case to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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