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(영문) 서울중앙지방법원 2019.11.15 2019가단13627
대여금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and each year from May 23, 2019 to May 31, 2019.

Reasons

1. The Plaintiff, on September 6, 2016, lent a total of KRW 100 million to Defendant B twice each of KRW 50 million (hereinafter referred to as “loan 1” and “No. 2”). The fact that Defendant D guaranteed Defendant B’s debt with respect to Defendant B’s loan amounting to KRW 250 million (No. 1-4) among the loans, may be recognized by taking into account the overall purport of the pleadings as a whole, and the fact that Defendant D received reimbursement of KRW 150 million among the total loan amounting to KRW 100 million by August 1, 2017 is the Plaintiff.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff damages for delay calculated at the annual interest rate of 15% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings, Article 3(1) of the main text of Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (hereinafter “Legal Rate Regulations”) from May 21, 2019, and Article 2(2) of the former statutory interest rate (amended by Presidential Decree No. 29768, May 21, 2019) from May 23, 2019 to May 31, 2019, on the day following the day when the copy of the complaint of this case containing the Plaintiff’s expression of intent to request the performance of the loans.

The Plaintiff also claimed damages for delay incurred during the period from August 2, 2017 to the final delivery date of the copy of the instant complaint. However, there is no assertion or proof as to the fact that prior to the date of the final delivery of the copy of the instant complaint, Defendant B lost the benefit of time, or the Plaintiff’s claim for performance, etc., due to the due date for the payment of the total amount of the loan No. 2, the Plaintiff’s

In addition, the plaintiff is seeking to apply the statutory interest rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, but as seen above, June 1, 2019.

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