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(영문) 춘천지방법원 2015.02.16 2014가단10680

대여금 등

Text

1. The defendant shall be the plaintiff.

(a) The rate of KRW 18,623,313 and the amount of KRW 17,289,116 among them shall be from October 14, 2014 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, together with the overall purport of the pleadings.

(1) On March 21, 2012, the Plaintiff entered into a loan agreement with B Co., Ltd. (hereinafter “B”) on the lending principal of KRW 59,00,000,000, the agreed rate of KRW 14.9% per annum, 25% per annum, and 36 months for the lending period to pay in installments on 36 occasions. The Plaintiff loaned KRW 59,00,000 to B.

(2) On June 8, 2012, the Plaintiff entered into an installment financing agreement with B to make installment payments of KRW 123,200,000, annual interest rate of damages for delay, and KRW 24,00,000, annual interest rate of damages for delay, and KRW 123,20,000,000 to the said two separate sales corporations, with regard to the purchase of rain-based machinery from the two separate sales corporations.

(hereinafter “instant 2 Agreement”). (3) The Defendant, who is the representative director B, was jointly and severally guaranteed for B at the time of the instant 1 and 2 agreement.

(4) B failed to repay as stipulated in the First and Second Agreements, and as of October 13, 2014, as indicated below, the principal and interest of the Plaintiff’s claim against B was KRW 18,623,313, and principal and interest of the First Agreement are KRW 17,289,116, and principal and interest of the Second Agreement are KRW 42,104,532, and principal and interest of the Second Agreement are KRW 39,81,064.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the interest of KRW 18,623,313 of the instant agreement and the interest of KRW 17,289,116 of the said agreement with 25% per annum from October 14, 2014 to the date of full payment, and the damages for delay calculated at the rate of KRW 42,104,532 of the principal and interest of the instant agreement and KRW 39,81,064 of the principal and interest of KRW 24% per annum from October 14, 2014 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that the defendant is the defendant of this case.