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(영문) 서울북부지방법원 2015.01.15 2014가단5989
대여금
Text

1. Defendant J and K jointly and severally with the Plaintiff KRW 30,00,000 and Defendant J from August 1, 2012 to February 21, 2014.

Reasons

1. Determination as to the claim against Defendant J and K (a judgment based on the Confession), on June 13, 2012, when the Plaintiff was unable to repay the amount of KRW 30 million to the representative M of L Management Body by July 30, 2012, it shall be determined to pay interest at the rate of 3% per month. The fact that Defendant J and K guaranteed the above loan obligations is deemed to have been led to the confession under Article 150(1) and (3) of the Civil Procedure Act.

Therefore, Defendant J and K are jointly and severally obligated to pay to the Plaintiff the above loans of KRW 30 million and damages for delay calculated by applying each rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, to the day of February 21, 2014 when the copy of the complaint of this case was served on the Plaintiff from August 1, 2012 to the day of February 20, 2014. Defendant J and K are obligated to pay to the Plaintiff damages for delay calculated from the next day to February 20, 2014.

2. The Plaintiff asserted that the remaining Defendants are jointly and severally liable for the above loan obligations of M as members of the L Management Body, and the remaining Defendants are jointly and severally liable for payment of KRW 30 million and delay damages to the Plaintiff. However, each of the statements in the evidence Nos. 1 and 7 is insufficient to recognize that the remaining Defendants jointly and severally guaranteed the loan obligations of M., and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim against the defendant J and K is justified, and the remaining claims against the defendants are dismissed as they are without merit.

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