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(영문) 부산지방법원 2018.04.26 2016가단357676

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 95,64,148 and the interest rate of KRW 15% per annum from January 4, 2017 to the date of full payment.

Reasons

1. Plaintiff’s claim against Defendant B

A. Determination 1 as to the cause of the claim 1) In full view of the overall purport of the arguments in the evidence Nos. 4, 7, 9, and 12 as a whole, the following facts can be acknowledged. (A) On April 30, 2015, the Plaintiff lent KRW 100 million to E who became aware of through ASEAN, and agreed to receive interest KRW 10 million (30% per annum) after four months, and Defendant B jointly and severally guaranteed the Defendant B’s loan obligation against the Plaintiff.

B) On September 3, 2015, the Plaintiff received KRW 10 million from September 3, 2015, and agreed to reduce E and interest from KRW 30% per annum to 15% per annum. (C) The Plaintiff received reimbursement of KRW 6 million on January 8, 2016, KRW 6 million on June 23, 2016, and KRW 4 million on June 24, 2016. (D) the principal amount is KRW 95,664,148 as indicated below (However, the cumulative total amount of KRW 8,698,630 on September 3, 2015, calculated by applying the highest interest rate of KRW 25% per annum as stipulated in the Interest Limitation Act, and the remainder of the interest amount was calculated by applying 15% per annum.

(2) According to the reasoning of the judgment below, the Plaintiff’s joint and several surety’s obligation to pay KRW 8,698,630,630,000,000 to KRW 8,698,630,698,630,000 to KRW 1,301,370,000,000 KRW 98,698,630,630,000 KRW 5,5151,257,000 KRW 151,257,257, KRW 98,630,000 to the Plaintiff on June 23, 2016, KRW 60,000,000 KRW 924,957,60,000 KRW 605,000,000, KRW 684,6365,065,00,000, KRW 1645,6365,20565,2064.

B. Defendant B’s judgment as to Defendant B’s assertion is currently underway with individual rehabilitation procedures, including Plaintiff’s claim in the list of individual rehabilitation creditors, and the entry in the list of individual rehabilitation creditors is the same as a final judgment.