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(영문) 전주지방법원 2016.11.02 2016가단747
대여금
Text

1. The Plaintiff, Defendant C shall be KRW 80,000,000, Defendant C shall be jointly and severally with Defendant C, and Defendant D shall be jointly and severally with Defendant C.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 against Defendant B, the Plaintiff loaned to Defendant B the total amount of KRW 9.4 million on January 31, 2012, KRW 9.8 million on March 14, 2012, KRW 36.8 million on May 18, 2012, KRW 36.8 million on May 18, 2012, Defendant C, a partner of Defendant B, borrowed KRW 80 million to the Plaintiff, and partially repaid the principal amount from June 2014.

‘The fact that ' has drawn up a loan certificate' can be recognized.

According to the above facts of recognition, Defendant C had expressed its intent to repay the debt owed to the Plaintiff from June 2014, including the debt owed to Defendant B to the Plaintiff. As such, Defendant B, jointly and severally with Defendant C, is obligated to pay the Plaintiff the above loan amount of KRW 368 million and the damages for delay calculated at the rate of KRW 15% per annum (the date of the last delivery of the copy of the complaint of this case) from September 10, 2016 to the date of full payment (the date of the last delivery of the copy of the complaint of this case). Thus, Plaintiff’s claim against Defendant B is justified, and it is so decided as per Disposition.

2. Claim against Defendant C and D

(a)as shown in the reasons for the attachment of the claim;

(The plaintiff reduced the amount of the claim against the defendant D as described in the Disposition No. 1. B.

Article 208(3)3 of the Civil Procedure Act shall apply to the judgment by public notice.

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