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(영문) 서울서부지방법원 2015.11.11 2015가단8462
대여금
Text

1.(a)

The Defendants shall jointly and severally pay to the Plaintiff KRW 20,000,000 and the interest rate from April 30, 2007 to the day of full payment.

Reasons

The defendants are married, and the plaintiff lent 20 million won to the defendants jointly and severally liable on May 16, 2005. The interest rate shall be 2% per annum (24% per annum), and the due date for payment shall be November 30, 2005. The plaintiff loaned 10 million won from the defendant Eul to the police officer on October 2005 at the request of the plaintiff. The plaintiff lent 18 million won on October 28, 2005, and 2 million won on November 17, 2005. The interest rate shall be 1% per annum (12% per annum). The plaintiff did not dispute between the parties on the principal of the above loan and interest rate shall be 20 million won after April 207, and it is difficult to accept the defendant's assertion that the above loan was repaid by adding 90,000 won to the whole evidence of the above defendant. However, the defendant's assertion that the above loan was not paid after October 2007.

Therefore, the Defendants jointly and severally liable to pay to the Plaintiff the interest amounting to KRW 20,00,000 and the damages for delay calculated at the rate of 24% per annum under the agreement from April 30, 2007 to the date of full payment. Defendant B is obligated to pay to the Plaintiff the interest amounting to KRW 10,000,000 with 12% per annum under the agreement from April 30, 2007 to May 21, 2015, the delivery date of the copy of the complaint of this case, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment. Accordingly, the Plaintiff’s claims against the Defendants seeking this payment are with merit, and it is so decided as per Disposition with the assent of all participating Justices.

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