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(영문) 창원지방법원 2016.04.12 2015가단10526
대여금
Text

1. Defendant B’s KRW 23,00,000 as well as 5% per annum from March 1, 2003 to July 16, 2015 to the Plaintiff.

Reasons

1. On April 27, 2005, the Plaintiff filed a lawsuit against the Defendants for a loan claim with Changwon District Court Decision 2004Da55417, and rendered a judgment in favor of the Defendants on April 27, 2005, stating that “The Defendants jointly and severally, and Defendant B from March 1, 2003 to February 15, 2005, Defendant C shall pay to the Plaintiff the amount of money calculated at the rate of 5% per annum from January 4, 2005 to January 4, 2005, and 20% per annum from the next day to the day of full payment.” The above judgment becomes final and conclusive on June 8, 2005, or according to the statement of evidence No. 1, the Defendants shall be jointly and severally liable to pay the amount equivalent to the above judgment to the Plaintiff, barring any special circumstances.

2. As the judgment of Defendant C on the assertion of Defendant C became final and conclusive upon obtaining a decision to grant a decision to grant a decision to grant a decision, Defendant C asserted that the aforementioned decision is not responsible for the foregoing decision, and according to the evidence No. 1, Defendant C was granted a decision to grant a decision to grant a immunity from the Incheon District Court on July 29, 201, and the decision became final and conclusive on August 13, 201, and thus, Defendant C exempted Defendant C from the responsibility for the above decision to pay a penalty.

I would like to say.

Therefore, Defendant C’s above assertion is with merit.

3. Accordingly, Defendant B is obligated to pay to the Plaintiff 23 million won and 20% interest per annum from March 1, 2003 to July 16, 2015, the delivery date of the copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment, as the Plaintiff seeks, within the scope of the above judgment amount. Thus, Defendant B’s claim against Defendant B is justified, and the Plaintiff’s claim against Defendant C is dismissed as it is without merit.

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