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(영문) 서울동부지방법원 2015.01.29 2014가합12711

대여금 등

Text

1. The Defendant is jointly and severally with Nonparty A for KRW 576,248,262 and KRW 80,000,000 among them. From July 7, 2014 to August 10, 2014.

Reasons

On October 17, 2011, the Plaintiff agreed to add the interest rate to the Defendant as stipulated in the terms and conditions according to the loan agreement, on October 17, 201, when the Plaintiff and the Defendant delay the payment of the above loan. The Plaintiff and the Defendant agreed to add the interest rate to the interest rate as determined by the terms and conditions according to the delayed period. < Amended by Act No. 1283, Oct. 17, 2011>

was set up and lent.

On May 12, 2014, the Defendant lost the benefit of the term of the above loan, and on July 6, 2014, the remaining principal and interest of the loan was KRW 90,251,135 (= principal and interest KRW 80,00,000 and delay damages KRW 10,251,135).

In accordance with the credit transaction agreement dated October 26, 201, the Plaintiff loaned the amount of US$ 260,000 to the Defendant on October 26, 201, the due date for payment was October 25, 2012, and the overdue interest was 15% per annum.

On July 6, 2014, the remaining principal and interest of the above loan is KRW 216,043,197 (= principal and interest KRW 208,969,844 and delay damages KRW 7,073,353).

On April 21, 2011, the Plaintiff entered into an agreement with the Defendant on April 21, 201 to use the card issued by the Plaintiff on the import payment for an overseas exporting company that entails trade transactions, pay the Plaintiff the card use fee within 180 days from the date of card use, and if the payment is delayed, the Plaintiff made an agreement to pay damages for delay at 27% per annum.

From March 16, 2014, the Defendant delayed the payment of the credit card user fee from March 16, 2014, and delays the payment of the card user fee of KRW 254,657,824 as of July 7, 2014, KRW 15,296,106, total amount of KRW 269,953,930 (= KRW 254,657,824).

The non-party A guaranteed the defendant's respective loans and credit card payment obligations.

Therefore, the defendant jointly and severally with the non-party A to the plaintiff KRW 576,248,262 = 90,251,135 Won 216,043,197.