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(영문) 제주지방법원 2016.01.26 2015가단3579
대여금
Text

1. As to the Plaintiff KRW 24,00,000 and KRW 14,000 among them, the Defendant shall pay to the Plaintiff KRW 10,000,000 from January 5, 201.

Reasons

Under the Defendant’s joint and several sureties, the Plaintiff loaned KRW 10,00,000 to C on January 5, 201, interest rate of KRW 10% per annum, maturity of January 4, 2012, and loans KRW 10% per annum on January 26, 201 and maturity of January 25, 201 may be recognized by taking into account all the descriptions in subparagraphs A and 2 and the purport of all the arguments.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 10% per annum from January 5, 2011, 201, 100,000,000 won, which is the borrowing date, to the Plaintiff from January 26, 2011, until April 8, 2015, the copy of each of the instant complaint was served on the Defendant, and the interest or delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

(1) The defendant asserts that the plaintiff's claim should be dismissed on the ground that the bankruptcy procedure against the defendant is in progress under Jeju District Court Decision 2014Hadan611. However, the defendant's claim does not affect the procedure or conclusion of this case in which the argument is closed before the declaration of bankruptcy, and it does not affect the procedure or conclusion of this case. Thus, the plaintiff's claim is justified.

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