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(영문) 대구지방법원 2014.10.30 2014가단16170
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 85,027,88 and the period from August 27, 2010 to October 30, 2014.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Defendant B Co., Ltd. (hereinafter “Defendant B”) on September 18, 2008.

(2) On September 19, 2008, Defendant C guaranteed the above loan obligations against the Plaintiff on September 19, 2008. The interest rate of KRW 200,000,000 was agreed to be 1.5% per month to be lent, and paid KRW 194,00,000 after deducting KRW 6,00,000 from the preferred interest of September 2, 2008.

(3) Defendant B: (i) 6,00,000 won on December 12, 2008; (ii) 6,000,000 won on January 19, 209; (iii) 3,00,000 won on February 27, 2009; (iv) 7,000,000 won on March 19, 2009; and (v) 12,850,000 won on April 17, 200; (iv) 6,50,000 won on May 19, 200; and (v) 2,000 won on May 22, 200; and (v) 2,150,000 won on May 20, 209; and (v) 15, 150,000 won on July 25, 2009; and (v) 14, 2001.

A person shall be appointed.

B. According to the above facts of recognition, the amount repaid by Defendant B to the Plaintiff is appropriated in sequence to the principal and interest as stated in the attached statement of appropriation, and the above loan remains in the principal amount of KRW 85,027,888 as of August 26, 2010. Thus, the Defendants jointly and severally are obliged to jointly and severally pay to the Plaintiff damages for delay at each rate of KRW 85,027,88 and damages for delay from August 27, 2010 until October 30, 2014, which is the date of the decision of this case, to dispute about the existence and scope of the Defendant’s obligation to perform, from August 30, 2014 to the date of full payment.

The plaintiff is appropriated for interest from November 19, 2008 to January 18, 2009 as the defendant's repayment amounting to 6,000,000 won from December 12, 2008. The amounting to 6,000,000 won from January 19, 2009 to January 19, 2009.

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