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(영문) 서울중앙지방법원 2017.12.14 2017가단5102085

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,00,000,000 and the interest rate therefor from June 3, 2017 to the date of full payment.

Reasons

1. Comprehensively taking into account the respective descriptions of Gap evidence Nos. 1 through 7 (including branch numbers) and the overall purport of arguments as to the cause of the claim, the term of redemption is three months from the date of individual loan execution, the overdue interest rate is set at 25% per annum, and pursuant to the loan contract of this case, the plaintiff can not be acknowledged that the defendant company executed individual loans on Nov. 2, 2016 (implementation number C), 90 million won, 950 million won, 90 million won (implementation number: hereinafter "implementation number") against the defendant company under the joint and several guarantee by the representative director of the defendant company Eul (hereinafter "the defendant company").

According to the above facts, as long as the repayment period stipulated in the loan contract of this case has expired, the defendant company is the principal debtor, barring any special circumstance, and the defendant Eul is jointly and severally liable to pay the interest calculated at the rate of 25% per annum from June 3, 2017 to the date of full payment as the plaintiff's claim, as the joint and several surety amounting to a total of 100,000,000 won of the loan amount of =95,90,000,000 won (implementation number: D) and the interest calculated at the rate of 25,000,000 won after the expiration of the repayment period.

The defendants asserted that the defendants have the right to refuse the performance of the obligations of the loan of this case based on an uneasiness defense under Article 536(2) of the Civil Act, since the plaintiff, who is responsible for the repayment of the loan of this case, provided as security, failed to keep the security to be returned at the time of the repayment of the loan of this case.

Parties who are obligated to perform prior obligations under Article 536(2) of the Civil Code.