beta
(영문) 수원지방법원 2018.07.17 2018가단512149

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 157,403,409 and KRW 154,58,482 from June 5, 2018.

Reasons

1. Facts of recognition;

A. On April 27, 2017, the Plaintiff lent KRW 170,000,00 to Defendant A for a loan period of 60 months, interest rate of 10.9% per annum, overdue interest rate of 25% per annum, and repayment method with equal repayment method (hereinafter “instant loan”), and Defendant B jointly and severally guaranteed Defendant A’s debt.

B. Defendant A did not pay the principal and interest of the above loan twice thereafter, and accordingly, Defendant A lost the benefit of time on January 19, 2018.

C. From January 26, 2018 to April 6, 2018, Defendant A repaid a total of KRW 15,009,513 to the Plaintiff. The Plaintiff appropriated this as part of the interest and overdue interest on the instant loan.

The principal of the instant loan is KRW 157,403,409 as of June 4, 2018 (i.e., the principal amount of KRW 154,58,482 and interest of KRW 2,749,255 with interest of KRW 65,672).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 157,403,409 and KRW 154,58,482 each year from June 5, 2018 to the date of full payment.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.