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(영문) 서울남부지방법원 2019.01.08 2018가단255741

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 119,497,971 and KRW 113,292,605 among them. < Amended by Act No. 1560, Aug. 28, 2018>

Reasons

1. Facts of recognition;

A. On July 13, 2016, the Plaintiff loaned 147,90,000 won at an interest rate of 6.9%, damages for delay rate of 9.9%, and 60 months on condition of repayment period to E pursuant to the basic terms and conditions of loan application and credit transaction. The Plaintiff agreed to lose the benefit of the time when the contract is not performed, and the Defendants jointly and severally guaranteed the obligation of E.

B. From January 10, 2018, E has lost the benefit of time for the instant loan due to the occurrence of delinquency, and E has the obligation to lend the principal amount of KRW 113,292,605 with interest of KRW 5,146,255, interest for delay, etc. 1,059,111 (based on August 27, 2018).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally and severally liable with E to pay to the Plaintiff the total amount of KRW 119,497,971 as well as the principal amount of KRW 113,292,605 per annum from August 28, 2018 to the date of full payment.

The plaintiff's claim is accepted.