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(영문) 광주지방법원 2019.11.21 2019가합54851
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 550,000,000 and the interest rate thereon from May 21, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of evidence evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff jointly and severally guaranteed the Defendant medical corporation’s obligation to repay the above borrowed amount to the Plaintiff. The Plaintiff loaned the amount of KRW 50 million to the Defendant medical corporation (hereinafter “Defendant legal entity”), KRW 50 million, KRW 550 million, KRW 100 million on May 20, 2015, and KRW 550 million on January 11, 2016 at interest rate of 12% per annum, maturity of payment, January 11, 2017, and interest interest rate of KRW 25% per annum.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 50 million and damages for delay calculated at the rate of 25% per annum from May 21, 2018 to the date of full payment.

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

[Defendant filed an application for resumption of argument with this court on November 7, 2019, but it cannot be deemed that the Defendant was unable to properly have the opportunity to submit the proof of argument due to the circumstances that were difficult to impose responsibility on the Defendant prior to the closing of argument in the instant case, and it does not appear that the result of the judgment so far may vary (see Supreme Court Decision 2010Da20532, Oct. 28, 2010). Accordingly, the above application for resumption of argument is rejected).

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