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(영문) 서울중앙지방법원 2016.09.23 2016가단5041251

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 91,642,750 as well as KRW 88,970,00 among them, from January 1, 2015.

Reasons

1. Facts of recognition;

A. On January 12, 2007, the Plaintiff leased the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as the primary debtor, Defendant B as the joint guarantor, at the rate of 150 million won per annum on December 30, 2007, at the rate of 11% per annum, interest rate of 11% per annum, and overdue interest rate of 18% per annum, and thereafter, on January 5, 2009, the Plaintiff and the Defendants were due for repayment of KRW 150 million per annum and renewed the said loan for consumption by setting the principal amount of KRW 150 million per annum on June 30, 2009, interest rate of 11% per annum, and overdue interest rate of 18% per annum.

B. On January 5, 2010, the Defendants failed to pay the principal by the due date, the Plaintiff concluded a loan agreement for consumption of money (hereinafter “the loan agreement of this case”) with the Defendant Company as the principal debtor and Defendant B as joint and several sureties, setting the principal amount of KRW 150 million per annum, interest rate of KRW 11% per annum, and due date of payment on June 30, 2010.

C. The Defendants failed to repay the instant loan by the said due date. The Plaintiff demanded the extension of due date from the Plaintiff to September 5, 201, but did not repay the instant loan by the said due date. Defendant B provided the Plaintiff as collateral and provided the Plaintiff with the 503th 503 of the fifth 5th dong, Seocho-gu, Seoul (hereinafter “instant loan”). On September 5, 201, Defendant B provided the Plaintiff with the instant loan as collateral and repaid all the instant loan over four occasions. As between the Plaintiff and the Plaintiff on September 5, 2011, the Plaintiff provided that: (a) KRW 150 million of principal; (b) interest rate of KRW 9% (18%); (c) the due date of repayment (18% per annum); and (d) the period of repayment (5) the agreement to repay the principal and provide collateral until August 15, 2012.

around March 20, 2012, the Defendants paid KRW 50 million out of the borrowed money of this case, which was later than the agreed maturity date, and decided to pay KRW 50 million out of the remainder of KRW 100 million, regardless of the Plaintiff’s request for reimbursement after August 15, 2012.