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(영문) 광주지방법원해남지원 2015.08.11 2015가단1540
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 28,000,000 won and the amount shall be from January 1, 2004 to April 25, 2005 annually.

Reasons

1. Indication of claim;

A. On November 28, 2001, the Plaintiff loaned 28,000,000 won to Defendant A on November 27, 2002 due date (which was extended to November 27, 2005), interest rate of 11.5% per annum, delay interest rate of 18% per annum, and Defendant B and C guaranteed the Plaintiff’s joint and several debt payment on the same day.

Defendant A lost the benefit of time by failing to pay interest and principal after January 1, 2004.

B. On July 15, 2005, the Plaintiff filed a lawsuit against the Defendants for the payment of the above loan with the Gwangju District Court 2005Kadan2100, the judgment of July 15, 2005 that “the Defendants jointly and severally paid to the Plaintiff KRW 28,000,000 and interest and delay damages thereon,” and the above judgment became final and conclusive around that time.

C. The Plaintiff filed a new lawsuit against the Defendants for the interruption of extinctive prescription.

2. Applicable provisions;

(a) Defendant A: Judgment by public notice (Article 208 (3) 3 and Article 194 of the Civil Procedure Act);

(b) Defendant B and C: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

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