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(영문) 창원지방법원통영지원 2016.05.26 2016가단690
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,50,000 and the interest rate of KRW 15% per annum from January 15, 2016 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Defendant and C may acknowledge the fact that on December 11, 2014, the Plaintiff borrowed KRW 55 million from the Plaintiff (hereinafter “the instant loan”) and agreed to repay the loan by February 11, 2015.

B. In case where there are several creditors or debtors, each creditor or each debtor has a right to equal ratio and bears obligations, except in the absence of any special declaration (Article 408 of the Civil Act). According to the above facts of recognition, the defendant among the debtors is obligated to pay to the plaintiff, a creditor, the amount of KRW 27,50,000, which corresponds to 1/2 of the borrowed money of this case, and damages for delay calculated at the rate of 15% per annum from January 15, 2016 to the day of full payment, which is the day following the delivery of the original copy of the payment order of this case.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant's signature as the representative of the legal person signed is true, but there is no fact of deposit in the corporate head of the Tong or the individual head of the Tong.

B. The defendant's above assertion is not accepted, since the conclusion of the monetary loan contract does not necessarily have to be deposited in the passbook in the debtor's name.

3. Conclusion, the plaintiff's claim is justified.

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