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(영문) 서울중앙지방법원 2016.02.18 2015가단5220903
대여금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 41,963,654 as well as KRW 20% per annum from August 21, 2015 to September 30, 2015.

Reasons

Attached Form

The facts in the cause of the claim do not conflict between the parties or are recognized as having neglected the overall purport of the pleadings in the statement in Gap evidence Nos. 1 through 6 (Provided, That the "creditor" shall be deemed to be the "Plaintiff," and the "debtor" shall be deemed to be the "Defendant," respectively). Thus, barring any special circumstance, Defendant B, as a joint and several surety, is jointly and severally liable to pay to the Plaintiff the remaining accrued interest on the loan or delayed damages, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 21, 2015 to September 30, 2015, the date following the final delivery of the copy of the complaint in this case, and the damages for delay calculated at the rate of 20% per annum 15% per annum as stipulated in the same

(A) On April 30, 2015, the day following the above calculation base date, the Plaintiff asserted for the payment of damages for delay, but since the above claim is an obligation for which the due date is not specified and the obligor is liable for delay from the day following the date on which the obligor is demanded to discharge, the Plaintiff’s assertion on this part is rejected) against this, Defendant B exempted the Defendant’s debt of the above Defendant on December 27, 2012.

Although the Plaintiff’s claim is asserted as contrary to the doctrine of speech, it is difficult to accept the said assertion as there is no evidence to acknowledge it.

Thus, the plaintiff's claim of this case is reasonable and acceptable.

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