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(영문) 대구지방법원서부지원 2019.02.14 2018가합53027
대여금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 320,500,000 and the interest rate thereon from November 14, 2018 to the date of full payment.

Reasons

1. Comprehensively taking into account the overall purport of the statements and arguments by Gap evidence Nos. 1 through 6 (including branch numbers) as to the cause of the claim, the plaintiff loaned to the defendant B the amount of KRW 320 million on October 28, 2009, KRW 16.148 million on December 16, 2010, KRW 35 million on February 21, 2012, the plaintiff additionally lent KRW 35 million to the defendant B on July 17, 2012, and adjusted the total amount of the loan KRW 530 million on the same day to the plaintiff, and the defendant C prepared a loan certificate with the total amount of KRW 53 million on the same day and the defendant C guaranteed the debt of the plaintiff.

However, the Plaintiff was paid KRW 182.5 million out of the total amount of the above loans KRW 53 million. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 320.5 million (= KRW 5.3 million - KRW 182.5 million) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 14, 2018 to the date of full payment, which is the day following the day when the original copy of the instant payment order was served to the Defendants.

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

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