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(영문) 서울중앙지방법원 2019.05.15 2018가단5171828
대여금
Text

1. The Defendants jointly share KRW 100,000,000 with respect thereto to the Plaintiff and the period from August 1, 2010 to July 26, 2018.

Reasons

Facts of recognition

On May 14, 2008, the Plaintiff loaned KRW 100,000,00 to E representative of the D gas station at the maturity of June 13, 2008 and at the rate of 3% per month (hereinafter “instant loan”), and Defendant B guaranteed the above obligation.

On April 14, 2010, Defendant C prepared a certificate of loan and repaid the instant loan by July 31, 2010, and Defendant C concurrently assumed the obligation of the instant loan.

[Grounds for recognition] No dispute exists. According to the facts stated in Gap evidence Nos. 1 through 6 and the purport of the entire pleadings, the defendants are jointly obligated to pay to the plaintiff 1,00,000,000 won of the loans of this case and damages for delay calculated at each rate of 12% per annum from August 1, 2010 to July 26, 2018, which is clear that the original copy of the payment order of this case is the date when the original copy of the payment order of this case was delivered to the defendants last, and from the next day to the date of full payment.

Defendant B asserted that on June 13, 2008, Defendant B repaid the instant loan obligation to the Plaintiff, but there is no evidence to acknowledge this.

In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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