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(영문) 서울중앙지방법원 2016.01.12 2015가단168826

대여금등

Text

1. The defendant shall pay to the plaintiff the amount of KRW 63,295,593 and KRW 45,508,302 from July 10, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On September 14, 2012, the more Bable Savings Bank Co., Ltd. (hereinafter “Saving Bank”) loaned KRW 58 million to the Defendant, and the maturity was September 21, 2016, the rate of application 19.9% per annum, and the rate of delay 25% per annum.

B and C have jointly and severally guaranteed the above agreement.

B. A savings bank was declared bankrupt on July 1, 2013 and the Plaintiff was appointed as a trustee in bankruptcy.

C. As of January 21, 2014, the Defendant lost the interest on the above loan, and as of July 10, 2015, the interest on the unpaid loan was KRW 63,295,593 (the loan principal KRW 45,508,302, interest KRW 17,787,291).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed interest of KRW 63,295,593 and the loan principal of KRW 45,508,302, which is the above basic date, to the Plaintiff at the rate of 25% per annum from July 10, 2015 to the date of full payment.

In regard to this, the defendant asserted that B, the guarantor, used the name of the defendant, and entered into the above agreement, but there is no evidence to acknowledge it, and thus, the defendant's above assertion is rejected.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.