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(영문) 서울중앙지방법원 2016.07.08 2016가합522363

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 747,972,60 and 15% per annum from May 10, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. On May 8, 2008, the Plaintiff: (a) lent a total of KRW 600 million (hereinafter “instant loan”) to Defendant A with interest at 8% per annum; and (b) KRW 200 million per maturity, respectively, on September 30, 201; (c) determined as installment payment on September 30, 201; and (d) September 30, 201; and (e) on September 30, 2013.

B. Since September 28, 2010, the Plaintiff changed the interest rate of 6% from September 30, 2010 on the instant loan to 6%, and again, on September 11, 2012, the Plaintiff changed the payment period for the instant loan to 400 million won until September 30, 2012, and on 200 million won until September 30, 2013.

C. On September 28, 2010, September 11, 2012, Defendant B guaranteed the Defendant A’s instant loan obligation against each Plaintiff. D.

Meanwhile, until March 31, 2016, the Defendants repaid total of KRW 175,776,132 to the Plaintiff. This was appropriated for the interest portion out of the principal and interest of the instant loan, and as of March 31, 2016, the principal and interest of the instant loan remains in KRW 60 million and KRW 147,972,60.

E. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the principal amounting to KRW 747,972,60,000 (i.e., the principal amounting to KRW 600,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 10, 2016 to the date of full payment after the delivery of a copy of each complaint.

2. Article 208 (3) 1 of the Civil Procedure Act (Judgment without holding any pleadings) of each applicable provision of Acts;