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(영문) 대구지방법원 2016.10.25 2016가단27396

대여금

Text

1. The Defendant calculated the Plaintiff’s KRW 29,025,521 as well as the annual rate of KRW 24% from June 30, 2016 to the date of full payment.

Reasons

No dispute between the parties, or comprehensively taking into account the overall purport of the statements and arguments in Gap evidence Nos. 1 through 4, the plaintiff entered into a contract for automobile lease (Operational Lease New Lease) under the condition that the repayment method shall be repaid in equal installments of the principal and interest of the non-party corporation and the non-party corporation (hereinafter "non-party corporation") on the loan amount of 27,51,161 won, the loan period of 60 months (from February 12, 2015 to February 11, 2020), 24% per annum, and the repayment method shall be repaid in equal installments of the principal and interest of the non-party corporation, the non-party corporation lost its interest due to the delay in installments of the above payment on June 29, 2016, the non-party corporation paid the loan amount of 31,418,90 won, 210 won, 210, 2016, 206.

According to the above facts, the defendant, as a joint and several surety, is obligated to pay to the plaintiff 29,025,521 won remaining after deducting the above deposit of 2,604,000 won from total of 31,629,521 won in arrears and damages for delay (i.e., 31,418,900 won - 210,621 won - 2,604,000 won) and damages for delay calculated at the rate of 24% per annum pursuant to the agreement from June 30, 2016 to the date of full payment.

Therefore, the plaintiff's claim against the defendant of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.