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(영문) 서울동부지방법원 2016.09.23 2016나21171

청구이의

Text

1.The judgment of the first instance shall be modified as follows:

The Seoul Eastern District Court against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiffs on the loan claim as Seoul Eastern District Court 2013Kadan100485.

The purport of the above lawsuit is that "the plaintiff shall pay to each defendant 213,35,540 won and 58,221,363 won, which shall be calculated at the rate of 30% per annum from November 30, 2012 to the date of full payment," and the cause of the claim is that "the defendant shall pay to the plaintiff A 45% interest rate per annum on November 29, 2002, and the plaintiff B guaranteed the above loan obligation. The plaintiffs have repaid the above loan obligation to the defendant several times, but the plaintiffs currently have the obligation of 58,21,363 won per annum."

B. In the above Seoul Eastern District Court Decision 2013Kadan100485, the court rendered a decision in lieu of conciliation with the following decided matters (hereinafter “instant decision”) on May 15, 2013, and the instant decision was finalized on June 5, 2013.

(1) The Plaintiffs are jointly and severally paid KRW 10 million to the Defendant by June 30, 2013, KRW 10 million up to September 30, 2013, KRW 10 million up to December 31, 2013, KRW 10 million up to December 31, 2013, KRW 10 million up to March 31, 2014, KRW 10 million up to March 31, 2014, and KRW 10 million up to June 30, 2014.

2. If the plaintiffs fail to pay each of the above payments, the plaintiffs shall lose their benefit of time, and in such a case, the plaintiffs shall jointly and severally pay to the defendant 80 million won the money excluding the money paid up to that time, and in addition, the amount calculated by adding 20% interest per annum to the day of full payment from the date of loss of the benefit of time to the day of full payment.

3. The defendant waives his remaining claims.

4. The costs of lawsuit shall be borne by each person;

C. The Plaintiffs repaid to the Defendant as indicated in the following table:

Congress’s day (won) 10,000,000 June 28, 201, 201 on September 30, 2013, 6,000,000