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(영문) 광주지방법원순천지원 2016.02.04 2015가단18118
대여금
Text

1. The defendant shall be jointly and severally and severally with C to the plaintiff KRW 80,000,000 and the interest thereon from November 6, 2015 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence 1 through 3 (including the number of branch numbers), it is recognized that the plaintiff sent the defendant's husband C a total of KRW 80 million to his husband C with the business investment on the condition that he received 40% of the profit between May 31, 2010 and September 8, 2010. After the plaintiff's criminal complaint was filed against Eul due to the issue of return of investment deposit, the defendant prepared a loan certificate (hereinafter "the loan certificate of this case") to the effect that "the plaintiff jointly and severally guaranteed the plaintiff's obligation on April 13, 201."

Therefore, the defendant is jointly and severally liable with C to pay to the plaintiff KRW 80 million and delay damages as set forth in the loan certificate of this case.

As to damages for delay, the Plaintiff agreed to pay the loan certificate of this case within one month at the time of the creation of the loan certificate of this case, the Defendant asserts that the damages for delay should be paid from May 14, 201, which was the day after the date on which the loan certificate of this case was drawn up.

However, there is no evidence to acknowledge that the original and the Defendant had set the due date for payment at the time when the loan certificate of this case was drawn up, and this part of the Plaintiff’s assertion is without merit.

If so, the Plaintiff’s claim against the Defendant constitutes a case where the maturity period is not specified. In such a case, the obligor is liable for delay from the day following the day when the claim for performance was received to the Plaintiff. Therefore, the Defendant is liable to pay damages for delay from November 6, 2015, which is the day following the day when the original copy of the instant payment order was served to the Defendant, including the Plaintiff’s expression of intent seeking repayment of KRW 8

Ultimately, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 6, 2015 to the date of full payment under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

Part of the Plaintiff’s claim.

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