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(영문) 서울중앙지방법원 2019.10.24 2018가단5174971

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 51,528,767 and the interest rate thereon from February 19, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On December 20, 2017, the Plaintiff loaned KRW 100,000,000 to Defendant B Co., Ltd. on February 19, 2018, and the interest rate was 25% per month.

Defendant C and D guaranteed the obligation to return the above loans to Defendant B on the same day.

B. Defendant B paid to the Plaintiff KRW 25,000,000 on December 20, 2017, and KRW 25,000,000 on January 20, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 2 evidence (including evidence with a serial number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the cause of the claim

A. The loan extended by the Plaintiff to the Defendant Co., Ltd. on December 20, 2017, 100,000,000 won as above, or the loan extended by the Plaintiff to the Defendant Co., Ltd. on December 20, 2017, the loan principal remains 75,00,000 won (1,00,000 - 25,0000 - 25,0000), and the interest rate under the Interest Limitation Act at that time is 24% per annum, and from that time, the interest rate under the above restriction rate was 1,528,767 won until January 20, 2018, 25,000 won was 1,528,767 won as above, and thus, the loan principal was 25,000,000 won as remaining KRW 75,000,000,0000,000 won (237,2371,2375,27,2737

B. If so, the Defendants are jointly and severally liable to pay the Plaintiff the remaining principal amount of KRW 51,528,767, and damages for delay at the rate of 24% per annum from February 19, 2018 to the date of full payment.

3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

참조조문