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(영문) 서울중앙지방법원 2017.11.15 2016가단5199235

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 210,435,068 and KRW 200,000 among them, from May 28, 2016 to August 2016.

Reasons

Facts of recognition

On August 26, 2015, the Plaintiff loaned KRW 200,000,00 to Defendant A Co., Ltd. (hereinafter “Defendant Company”) at an annual interest rate of 6.9%, and agreed that if the Plaintiff and the Defendant enter into a sales contract with respect to the real estate D and 2 parcels and their ground buildings (hereinafter “instant real estate”) owned by the Defendant Company, the Suwon District Court C, which is undergoing the real estate auction procedure, the said loan will be replaced with the down payment that the Plaintiff would pay to the Defendant, and if the Plaintiff fails to enter into the sales contract, the repayment would be made immediately on the date on which the Plaintiff demanded repayment.

Defendant B guaranteed the above obligation of the Defendant Company.

Since a sales contract between the Plaintiff and the Defendant with respect to the instant real estate was not concluded on May 27, 2016, the principal and interest on debt amounting to KRW 200,000,000 as of May 27, 2016 and KRW 10,435,068 (= KRW 200,000,000 x 6.9% x 276 days/365).

[Ground of recognition] The evidence Nos. 1-2 and No. 2-2 and the purport of the whole pleadings is to determine the purport of the above principal and interest of 210,435,068 won as well as 200,000 won as principal and interest of 210,000 won as of May 28, 2016, which is the day following the calculation of the above damages for delay from May 28, 2016 to August 1, 2016, the original copy of the payment order of this case, which is the agreed interest rate of 6.9%, and the damages for delay calculated at the rate of 15% per annum as of August 1, 2016 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment. Thus, the plaintiff's claim