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(영문) 수원지방법원안산지원 2016.11.23 2016가단18241

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 134,385,167 and the amount of KRW 97,005,016 from May 18, 2016 to the date of full payment.

Reasons

1. The facts under the following facts are either in dispute between the parties or in full view of the purport of the entire arguments in Gap evidence Nos. 1 to 3, and there is no counter-proof.

On November 18, 2013, the Plaintiff leased KRW 100,000,00 to Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) at the interest rate of 2.5% (30% per annum) per annum) and on November 17, 2014. At the time, the Defendant guaranteed the Plaintiff’s debt owed to the Plaintiff.

B. On November 18, 2014, the non-party company failed to repay the principal of the loan even if the above repayment period expired, and accordingly, the non-party company prepared a loan certificate by again making the plaintiff a loan of the above KRW 100 million to the non-party company at the interest rate of 30% per annum, and the defendant still made a joint and several guarantee.

C. The non-party company remitted each amount indicated in the “payment” column to the Plaintiff on each day indicated in the “payment date” column of the attached Table of Appropriation for Performance.

2. The Plaintiff’s cause of the instant claim is the cause of the claim. The Plaintiff paid to the Plaintiff all interest at the rate of one year agreed upon by the non-party company, but only paid KRW 2 million after November 18, 2014 with a new loan agreement. As such, the Defendant asserts that as a joint guarantor, the Plaintiff is liable to pay damages for delay at the interest rate of KRW 135,50,000,000, totaling the remainder of the accrued interest at the interest rate of KRW 2,550,000,000, which is the maximum interest rate of KRW 2,000,000 from November 18, 2014 to May 17, 2016, which is the maximum interest rate of KRW 2,55,00,000,000, which is the date of calculating the interest rate on the said period.

3. Determination

(a) The interest under a contract that exceeds the maximum interest rate prescribed by the Interest Limitation Act (30% per annum from June 30, 2007 to July 14, 2014, and 25% per annum from the next day) shall be null and void.

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