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(영문) 창원지방법원 마산지원 2017.04.21 2016가단11847
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and KRW 30,000,000 among them, from June 4, 2015.

Reasons

On November 4, 2013, the Plaintiff lent to Defendant B KRW 30 million (interest rate of KRW 2.5% per month, maturity of January 4, 2014) and KRW 10 million on December 23, 2013 (payment period of KRW 2.5% per annum, January 23, 2014), and Defendant C jointly and severally guaranteed each of them. The Defendants paid only interest on the loan and delay damages to the Plaintiff by June 3, 2015, and did not pay the remainder to the Plaintiff by not later than June 3, 2015, may be recognized by taking into account the following facts: there is no dispute between the Plaintiff and Defendant C, or by taking account of the entire purport of the statement and pleading as set forth in the evidence No. 1 (including the serial number) and the whole purport of pleadings.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by the rate of 25% per annum from June 4, 2015 to the date of full payment, which is the day following the final interest payment, to the Plaintiff with respect to the total amount of KRW 40 million and KRW 30 million.

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