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(영문) 부산지방법원서부지원 2020.01.14 2019가단108075
대여금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 3,000,000 and its KRW 1,500,000 among them, Defendant B shall be from October 1, 2009 to KRW 1,500,000.

Reasons

1. Claim against the defendant B

(a) The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1-1, 2, and 2-5, together with the whole purport of the pleadings.

1) On August 19, 2009, the Plaintiff filed a lawsuit against Defendant B seeking payment of the loan amounting to KRW 10 million with Busan District Court Decision 2009Gahap9068. (2) The above court rendered a settlement recommendation that “Defendant B shall pay KRW 3,500,000 to the Plaintiff, and KRW 1,500,000 among them shall be paid until September 30, 2009, and KRW 1,500,000 shall be paid until October 31, 2009, respectively, and if the Defendant fails to pay the unpaid amount by the above payment date, it shall be paid by adding the delay damages at a rate of 20% per annum from the day following the above payment date to the date of full payment (hereinafter “instant settlement recommendation recommendation decision”). The settlement recommendation decision of this case became final and conclusive on September 10, 209.

B. According to the above facts finding as to the cause of the claim, since the final and conclusive settlement recommendation decision of this case has the same effect as that of the judicial settlement pursuant to Article 231 of the Civil Procedure Act and has the same effect as that of the final and conclusive judgment, in this case, which was brought by the plaintiff for the extension of the extinctive prescription, the court shall not make any judgment inconsistent with this decision after being bound by the ruling on the recommendation of the settlement in this case. As such, the defendant B is obligated to pay to the plaintiff damages for delay calculated at the rate of 20% per annum from October 1, 2009 on the date following the due date for the payment of KRW 3,00,000 and KRW 1,500,000 from November 1, 2009 on the date following the due date for the payment of KRW 1,50,000.

C. Accordingly, the plaintiff's claim against the defendant B is justified, and it is so decided as per Disposition.

2. Claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b)be made by service;

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