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(영문) 대전지방법원천안지원 2014.06.27 2013가합100982
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) As regards KRW 186,00,000 and its KRW 20,000 among them, from January 30, 2014;

Reasons

1. Determination as to the cause of claim

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) shall pay KRW 218,00,00 to the Plaintiff; KRW 10,00,000 among them, KRW 10,000,000 to the Plaintiff on October 31, 2013; and the Plaintiff shall not be paid KRW 10,000,000 to the Plaintiff on December 31, 2013 as well as KRW 10,000 to the Plaintiff on January 31, 2014, KRW 10,000,000 to the Defendant Company’s debt 10,000,000,000,000 to the Plaintiff on February 28, 2014 (the Plaintiff’s debt 10,000,000,000,000,000 to the Plaintiff on March 31, 2014; and the Plaintiff shall be paid KRW 36,005,201.

B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 10,000,000,000, excluding the remainder of KRW 217,000,000, excluding the above KRW 10,000,000, which is the date of the closing of argument in the instant case, which is June 13, 2014.

C. The Plaintiff seeking immediate performance as to the agreed amount of KRW 22,00,000,00 for which the due date is not due as of the date of the closing of argument in the instant case, and damages for delay thereof, on the premise of loss of the due date. However, there is no evidence to prove that there was a special agreement for loss of the due date, and there is no evidence to deem that there is a ground for loss of the due date under Article 388 of the Civil Act. Thus, the Plaintiff cannot seek immediate performance as to the agreed amount for which the due

However, since the Defendants do not pay this part of the contract, so long as the performance is not expected even if the future due date arrives, the Plaintiff as the Plaintiff shall claim in advance for the future due date.

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