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(영문) 서울남부지방법원 2016.04.28 2015가합7306

대여금

Text

1. The defendant (Appointeds) and the appointed parties C jointly and severally with the plaintiff KRW 256,472,602 and KRW 143,527,397 among them.

Reasons

1. Basic facts

A. On February 7, 2014, the Plaintiff loaned KRW 250,000,00 (hereinafter “one loan”) to the Defendant (appointed parties; hereinafter “Defendant”) and the Appointor C (hereinafter “Appointed”) at the rate of 250,000 per annum, and the due date of payment on December 30, 2014, the Plaintiff agreed to jointly and severally perform the obligation to return the first loan to the Plaintiff.

The obligor is bound to verify from the obligee the borrowing of a loan under the following conditions:

1. Interest shall be transferred to the creditor's bank account by the 18th day of each month;

2. The principal shall be fully repaid by December 30, 2014.

3. In the event of the foregoing, the obligor’s entire obligation shall lose the benefit of time and, upon the obligee’s request, immediately repay in cash the entire obligation.

B. On August 18, 2014, the Plaintiff loaned KRW 150,000,000 to the Defendant, etc. (hereinafter “second loan”) at a rate of 25% per annum and due date set on December 30, 2014, and prepared a certificate of borrowing money (hereinafter “certificate of borrowing”) which includes the following details with the Defendant, etc.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the Defendant et al. is jointly and severally liable to pay the Plaintiff the amount of KRW 150,000,000 and damages for delay at the rate of KRW 25% per annum from February 7, 2014 to the date of full payment, which is the date of the above loan. (2) However, comprehensively taking account of the overall purport of the pleadings in each of the items in the evidence Nos. 5 and 6, the Defendant et al., on behalf of the Defendant et al., paid KRW 235,00,000 to the Plaintiff on behalf of the Defendant et al. on September 1, 2015, and the aforementioned repayment amount is deemed to have been paid to the Plaintiff on behalf of the Defendant et al., as the repayment date of the first loan.