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(영문) 서울서부지방법원 2018.09.07 2018가단5488

대여금

Text

1. The defendant,

A. Plaintiff A shall be fully paid KRW 3,900,000 and KRW 15,00,000 among them, from December 4, 2017.

Reasons

1. Facts of recognition;

A. (1) On October 3, 2015, Plaintiff A agreed to provide the Defendant with a total of KRW 5,100,000,000, KRW 5,000 on October 13, 2015, KRW 3,000 on August 3, 2016, KRW 26,000,00 on August 17, 2016, KRW 26,000 on the interest rate of KRW 2.5% on the interest rate of KRW 5,10,00 among the principal, and KRW 2,00,00,000 among the principal after the filing of the instant lawsuit, Plaintiff A paid KRW 2,00,00,000 on the principal amount of KRW 18,90,000 on the date of closing the argument, and Plaintiff D had a total of KRW 100,000 on the principal amount of KRW 30,000,000 on the date of the instant lawsuit.

On January 21, 2017, the defendant guaranteed D's above loan obligation against Plaintiff A.

D paid 625,000 won (=25,00,000 won x 0.025 x 0.025) interest on July 3, 2017 to Plaintiff A, and repaid 10,000,000 won out of the principal on July 31, 2017. By December 3, 2017, 375,000 won (i.e., interest on 15,00,000,000 won x 0.025) on the remainder of the principal each month until December 3, 2017, but did not pay at all thereafter.

B. On September 23, 2016, Plaintiff B loaned KRW 20,000,000 from Plaintiff A to Defendant, and agreed to KRW 5,00,000 among them, as interest rate was 2.5% per month.

On October 22, 2017, the Defendant paid interest of KRW 125,000 (=5,000,000 x 0.025) to Plaintiff B, and did not pay all until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant shall pay the Plaintiff a total of KRW 18,900,000 and KRW 15,900,000 with the remainder of KRW 15,000 with the guaranteed debt and KRW 15,00,000 with the remainder of KRW 15,00,000 with the guaranteed debt, at the rate of 24% per annum from the date following the date of the last repayment to the date of the full payment. The Defendant shall pay the Plaintiff the interest rate of KRW 5,00,000 with the loan and the interest rate of KRW 5,00 with the interest rate of KRW 24% per annum from November 16, 2017 to the date of full payment.