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(영문) 대구지방법원 2017.05.16 2017가단101406

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 25,211,470.

2. The plaintiff's remainder against the defendants.

Reasons

1. Joint and several sureties who are joint and several sureties with the loan interest rate (interest rate for arrears) for the date of loan for the subject of recognition of the fact of loan (1) 7.15% per annum on August 22, 2007 (19%) B 19,500,000 won per annum on August 22, 2007 (19%) 2.16% per annum on February 18, 2011 (19%) B 130,000,000 won per annum on February 18, 2011 (19%) B 25% per annum on a business credit card delay interest rate.

A. The Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), a credit transaction agreement that approves the application of the terms and conditions of credit transaction, credit card holders, and credit transaction. The specific details of the transaction are as follows.

(1) Interests in arrears as of June 24, 201 (2) 18,010,427 won on June 24, 2011. < Amended by Presidential Decree No. 2348, Aug. 29, 2011; Presidential Decree No. 23173, Aug. 29, 2011; Presidential Decree No. 23170, Aug. 29, 2011; Presidential Decree No. 23574, Aug. 29, 2011; Presidential Decree No. 23558, Aug. 29, 2011; Presidential Decree No. 235

B. The Defendant Company: (a) was incorporated into a special claim on the wind that fails to pay interest on the above loan; (b) the principal was fully repaid through the disposition of security; and (c) interest in arrears remains as listed below.

【Reasons for Recognition】 The entries of Evidence Nos. 1 through 10, and the purport of the whole pleadings

2. According to the above facts of determination and conclusion, the defendant is obligated to pay 25,211,470 won interest for delay to the plaintiff.

(A) On March 28, 2017, the Defendant withdrawn the defense of extinction of the statute of limitations on the date of pleading. Meanwhile, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 19% per annum or 25% per annum with respect to the interest for delay, while the Plaintiff cannot seek damages for delay. Thus, the Plaintiff’s claim for this portion of the damages for delay is without merit.

Therefore, the plaintiff's claim against the defendants is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.