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(영문) 대구지방법원 2017.03.31 2016가단36611
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,00,000 and 5% per annum from August 16, 2007 to March 31, 2017.

Reasons

1. In addition to the statement in Gap evidence No. 1 of the judgment as to the cause of the claim, the plaintiff loaned KRW 35 million to the defendant Eul on January 16, 2007 under the joint and several surety of the defendant C and received KRW 5 million on the 15th day of each month. The defendants finally failed to perform their duty of installment payment by August 15, 2007. According to the above facts, the defendants jointly and severally liable to pay the above borrowed amount to the plaintiff KRW 35 million and the following day after the defendants' payment due date due to the defendants' failure to perform their duty of installment payment from August 16, 2007 to March 31, 2017, the date of this judgment, which is 15% per annum under the Civil Act (the plaintiff is entitled to pay damages for delay calculated at the rate of 15% per annum for the above period, but it is not accepted from the next day after the day to the day of full payment).

2. The Defendants’ assertion against the Defendants asserted that since the Plaintiff filed the instant lawsuit ten years after the establishment of the said loan claim, the said loan claim expired. However, the facts that the said loan claim was concluded on January 16, 2007 are as seen earlier, and the fact that the Plaintiff filed the instant lawsuit on November 9, 2016, which was before the lapse of ten years from the Plaintiff, is apparent in the record, and thus, the statute of limitations for the said loan claim has not expired.

Therefore, the defendants' above assertion is without merit.

3. Therefore, the plaintiff's claim of this case against the defendants is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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