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(영문) 서울동부지방법원 2015.10.06 2015가단4048
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50 million and the amount therefrom from January 29, 2005 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 2, 2004, the Plaintiff leased KRW 50 million to Defendant B and Kowon C by the due date on October 2, 2004, and Defendant C and D jointly and severally guaranteed the above loan obligation. Defendant C and D filed a lawsuit claiming a loan against the Defendants and Suwon C and Suwon C in this court as the court 2004Kadan59486. On February 16, 2005, the above court rendered a judgment in favor of the Plaintiff that “the Defendants and Suwon C Co., Ltd shall jointly and severally pay to the Plaintiff the amount of KRW 50 million and the amount of KRW 20% per annum from January 29, 2005 to the date of full payment.” The above judgment became final and conclusive on March 26, 2005.

B. The Plaintiff filed the instant lawsuit to extend the prescription of a claim based on the final judgment of the instant case.

[Ground of recognition] Defendant B and D: Each entry of evidence Nos. 1-1 to 3, as a whole, and Defendant C: The purport of the whole pleadings: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50 million with the loan and damages for delay calculated at the rate of 20% per annum from January 29, 2005 to the date of full payment.

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

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