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(영문) 인천지방법원부천지원 2017.04.07 2016가단25784
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 48,510,282 as well as KRW 48,180,000 among them, from November 8, 2016.

Reasons

1. The fact that the Plaintiff, on January 7, 2014, lent KRW 48,180,00 to Defendant A at the maturity of January 7, 2016 (7.3% per annum and 12% per annum). The fact that Defendant B and Defendant C guaranteed the Plaintiff’s above loan obligations on the same day, the fact that the delay damages incurred until November 7, 2016 with respect to Defendant A’s above loan obligations are recognized.

[Ground of Recognition] Defendant A: The absence of dispute, entry of evidence Nos. 1 and 2, the purport of the whole pleadings, Defendant B, and C: Confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Determination:

A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 48,510,282 (=48,180,000 and KRW 330,282) and damages for delay calculated at the rate of 19.3% per annum from November 8, 2016 to the date of full payment with respect to KRW 48,180,000.

B. As to this, Defendant A asserts that there is no above loan obligation as the contract for sale with Defendant C was cancelled.

However, it is not sufficient to recognize whether the sales contract between the defendant A and the defendant C has been cancelled only with the descriptions of the evidence Nos. 1-1 through 3, and there is no other evidence to acknowledge it. Thus, the above assertion by the defendant A is without merit.

3. The plaintiff's claim against the defendants is with merit. It is so decided as per Disposition.

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