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Reasons
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(영문) 의정부지방법원 2018.10.26 2017가합1612
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 230,000,00 and Defendant B from April 1, 2009 to December 19, 2017.

Reasons

1. Determination as to the cause of claim

A. On August 31, 2006, the Plaintiff loaned KRW 150,000,00 to Defendant B with interest rate of KRW 5,000,000 per month, and due date of payment on April 30, 2007. Defendant C and D jointly guaranteed Defendant B’s loan obligations. (2) The Defendants did not repay the above loan, but the Plaintiff agreed to receive KRW 100,000,000 until March 31, 2008 between Defendant B and Defendant B until May 31, 2008, and KRW 50,000,000 until June 30, 2008.

Nevertheless, on April 10, 2008, the Plaintiff agreed that KRW 110,000,000 out of the above loans of KRW 150,000,000 should be paid until May 11, 2008, and KRW 40,000 should be paid until June 30, 2008.

3) The Plaintiff filed a lawsuit against the Defendants with the District Court 2008Gahap5148. On October 6, 2008, the said court decided to recommend reconciliation that “The Defendants jointly and severally pay the Plaintiff KRW 200,000,000 to the Plaintiff until December 31, 2008, and KRW 100,000,000 until March 31, 2009 shall be paid to the Plaintiff by dividing the amount into KRW 100,000,000,000, on one occasion, on the basis of delay, after losing the benefit of time and adding KRW 30,00,000 to the unpaid amount immediately, and the amount calculated at a rate of 20% per annum from the next day to the date of full payment” (hereinafter “instant decision to recommend reconciliation”).

(4) The Defendants did not pay KRW 100,000,000 to the Plaintiff, which was to be paid by December 31, 2008, from the decision of recommending reconciliation in this case, to the Plaintiff.

[Ground of Recognition] Regarding Defendant B: A without dispute, entry of evidence No. 1, the purport of the entire pleadings, as to Defendant C: Confession

B. According to the above facts of recognition, the defendants did not pay KRW 100,000,000 to the plaintiff until December 31, 2008, thereby losing the benefit of time. The plaintiff 230,000,000 and the following day after delay.

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