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(영문) 울산지방법원 2016.05.03 2015가단19468
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 155 million and the interest rate from April 1, 2006 to the day of full payment.

Reasons

1. The following facts may be acknowledged in full view of the evidence No. 1, No. 1, and No. 1, and the purport of the whole pleadings.

On April 6, 2001, upon the commission of the Defendants, the Defendant B approved that the Plaintiff has the obligation to borrow KRW 150 million from September 1, 1999 (the interest rate of KRW 12% per annum from March 31, 2006, May 1, 2001, and delay damages interest rate of KRW 12% per annum from May 1, 2006, and delay damages rate of KRW 12%), and the Defendant C guaranteed the obligation of the Defendant B on the same day, and the Defendants are aware of compulsory execution at the time of default (the notary public is a law firm Taesung, No. 1631).

B. The Plaintiff invested money in the computer sales business operated by Defendant B, and on February 24, 200, D Director Co., Ltd.: The Plaintiff and the representative director: the Defendant.

B. hereinafter referred to as "the company of this case"

A) The Defendant B was also established. At the Plaintiff’s request, Defendant B prepared a notarial deed stating the purport of concluding a debt repayment contract and accepting compulsory execution for the repayment of the investment deposit. Defendant C, the wife of Defendant B, was jointly and severally guaranteed the Defendant’s debt.

2. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the loan amount of KRW 1550 million as stated in the notarial deed and damages for delay.

3.(a)

The Defendants asserts that the extinctive prescription has expired for the interest accrued from May 1, 2001 to May 201, 201, since the period of extinctive prescription is three years, the interest accrued from May 1, 2001 to May 1, 201.

(b) “Interests, support fees, salaries, rent, and other claims aimed at the provision of money or other things for a period of not more than one year” shall take short-term extinctive prescription of three years.

Article 163 subparagraph 1 of the Civil Code provides that damages for delay of monetary obligation are not interested by its nature, and Article 163 subparagraph 1 of the Civil Code provides that damages for delay of monetary obligation.

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