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(영문) 창원지방법원통영지원 2016.01.12 2015가단5971
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 23,00,000 and the interest rate thereon from December 12, 2015 to the date of full payment.

Reasons

1. On January 21, 2014, Defendant B borrowed KRW 23 million from the Plaintiff from February 21, 2014 to April 15 of the same year with the payment of KRW 1,500,000 per annum from February 2014, and from May 2014 to the full payment of KRW 1,50,000 per annum from May 15 of the same month. Defendant C jointly and severally guaranteed Defendant B’s loan obligations to the Plaintiff. As such, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of KRW 23 million per annum from the day following the final delivery of the application for the instant payment order to the day of full payment.

2. Applicable provisions;

(a) On Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by service by public notice);

B. As to Defendant C: Article 208(3)2 and Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act (self-consigning judgment)

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