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(영문) 대구지방법원 2020.01.30 2018가합1937

대여금

Text

1. The Defendant: 12% per annum from January 2, 2011 to November 5, 2018, and on November 6, 2018, to the Plaintiff. < Amended by Presidential Decree No. 20060, Nov. 6, 2018>

Reasons

1. Judgment on the plaintiff's claim

A. 1) On January 1, 201, the Plaintiff lent KRW 200,000,000 to C at an interest rate of 1% per month and on December 31, 2011 (hereinafter “instant loan”).

(2) The Defendant provided joint and several sureties for the instant loan on the same day.

(hereinafter referred to as the "joint and several sureties of this case"). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and purport of the whole pleadings.

B. In the event there is no interest agreement after the due date for repayment in a loan for consumption, it is the intention of the parties to deem that the initial agreement was to be paid even after the due date for payment, barring any special declaration (see, e.g., Supreme Court Decision 80Da2649, Sept. 8, 1981). Therefore, the Defendant jointly and severally guaranteed the instant loan. Accordingly, as the Defendant jointly and severally guaranteed the Plaintiff, it is liable to pay to the Plaintiff 12% per annum from January 2, 2011 to November 5, 2018, clearly stating that the copy of the complaint in this case was served on the Defendant from January 2, 201 to November 5, 2018, and from November 6, 2018, the next day to the date of full payment, calculated at the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

4) The Plaintiff filed a claim against the Defendant for damages for delay calculated at the rate of 15% per annum from the day after the delivery date of the copy of the instant complaint to the day of full payment. However, according to the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced from June 1, 2019) and Article 2(2) of the Addenda of the same Act, the Plaintiff’s claim for damages for delay calculated at the rate of more than 12% out of the damages for delay from June 1, 2019 to the day of full payment (the part seeking damages for delay calculated at the rate of more than 12% from June 1, 201

On December 4, 2018, C, the principal debtor, filed a petition for bankruptcy with the Daegu District Court, which was pending in the instant lawsuit, and the said court.