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(영문) 인천지방법원 2017.09.22 2017가단20059
대여금
Text

1. The Plaintiff:

(a) Defendant B: 77,000,000 won and its corresponding:

B. Defendant C is jointly and severally with Defendant B.

Reasons

The Plaintiff loaned KRW 15 million to Defendant B as of January 10, 2010, and KRW 70 million on February 11, 2010 to Defendant B without due date. The Plaintiff received reimbursement of KRW 7 million from Defendant B on 14 occasions from January 5, 2015 to April 5, 2016, and Defendant C guaranteed Defendant B’s debt of KRW 70 million as of February 11, 2017 with respect to the Plaintiff. Defendant B jointly guaranteed Defendant B’s debt of KRW 70 million on April 25, 2017.

5. The fact that each of the 500,000 won repaid to the Plaintiff is not disputed between the parties concerned, or that each of the items of evidence Nos. 1-1, 2, 2 and 4 may be acknowledged by taking into account the whole purport of the pleadings.

Therefore, Defendant B is jointly and severally liable to pay to the Plaintiff the total amount of KRW 77 million [the total amount of KRW 75 million ( KRW 70 million- KRW 70 million- KRW 1 million)] and the damages for delay at each rate of KRW 15 percent per annum under the Civil Act from June 23, 2017 to September 22, 2017, which is deemed reasonable for the Defendants to dispute over the scope of their respective obligations from June 23, 2017, which is the date of the delivery of a copy of each of the instant complaint to the Defendant B, and from the following day to the date of full payment, the Defendants are jointly and severally liable to pay damages for delay at each rate of KRW 69 million from the above amount to the date of delivery of a copy of each of the instant complaint.

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