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(영문) 서울중앙지방법원 2016.01.19 2015나54508
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The Defendants shall jointly and severally serve as the Plaintiff KRW 5,747,687 and the Plaintiff.

Reasons

1. In full view of Gap evidence Nos. 1-1, 3, 4, Gap evidence No. 2, Gap evidence No. 4, Gap evidence No. 6-1 through 5, and the purport of the whole arguments as to the cause of the claim, the National Bank of Korea (hereinafter "National Bank") issued a loan of KRW 20,00,00 with Defendant B's joint and several surety (the first instance court confirmed performance recommendation decision at the first instance court) on December 7, 1995 with the repayment date of KRW 20,000,00 with interest rate of KRW 12.5% per annum, interest rate of KRW 18.0% per annum, 18.0% per annum (hereinafter "the loan of this case"), the National Bank of Korea obtained on March 13, 199 as the total repayment date of the loan of this case from Defendant B, and the total amount of the loan of KRW 30,000 to KRW 47.7,57,57,199.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from August 9, 2014 to the day of full payment, as sought by the Plaintiff, with respect to KRW 5,747,687 in total and the remaining principal of the instant loan claim as of August 7, 2014.

2. The plaintiff's claim against the defendants is accepted in its reasoning. Since the part of the claim against the defendants in the judgment of the court of first instance is unfair in conclusion, it is revoked, and it is so decided as per Disposition by ordering the defendants to pay the above recognized amount.

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