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(영문) 수원지방법원 2017.10.20 2017가합790

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 240,000,000 won and each year from September 21, 2013 to July 14, 2014.

Reasons

1. The Plaintiff requested the Defendants to pay the same amount as indicated in the purport of the claim. However, according to the evidence of subparagraphs 1 through 3, the Plaintiff loaned KRW 100,000,000 to Defendant B on November 11, 201 after maturity of one week, and one percent per interest month. Defendant C guaranteed the Defendant B’s loan obligation. The Plaintiff agreed on May 23, 201 to lend KRW 190,000 to Defendant B on July 30, 2012 with interest rate of KRW 30% per annum. The Plaintiff agreed to lend KRW 10,000,000 to the Plaintiff on July 30, 2012 and KRW 10,000 as interest rate of KRW 10,000,000 for the previous loan to July 30, 201, Defendant C agreed to lend to the Plaintiff on July 10, 2015 as the principal interest rate of KRW 30,510,2015.

According to the above facts of recognition, the defendants jointly and severally bear the obligation to pay the remainder after appropriating KRW 117,137,800 out of the interest and delay damages remaining to the plaintiff (=100,000,000 won - KRW 190,000,000), and interest and delay damages on the above 117,137,80,000, which were paid under their names, to the plaintiff as follows. The evidence submitted by the plaintiff alone does not admit the remainder of the plaintiff's assertion.

① Interest of KRW 27,041,095 for KRW 100,000 until October 5, 2012 (i.e., 100,000,000 x 329 days x 365 days x 30%) ② (ii) interest of KRW 21,082,191 for KRW 190,000 from May 24, 2012 to October 5, 2012 (i.e., 190,00,000 x 1365 days x 365 days x 305 days x 1365 days x 1365 days x 305 days x 3605 x 13605 x 46,505 x 196305 x 19636,505 x 20139)