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(영문) 서울서부지방법원 2020.02.12 2019가단233396

대여금

Text

1. The defendant shall pay to the plaintiff 192,319,600 won and KRW 150,500,000 among them, from October 16, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 10, 2015, the Defendant prepared to the Plaintiff a loan certificate stating 3.9% per annum (the 15th of each month of the payment date), February 15, 2016, and 12% per annum of interest, with respect to “60,500 won” on July 26, 2016, the Defendant drafted a loan certificate stating the interest rate of 5% per annum (the 15th of each payment date), the due date of payment, January 15, 2017, and 12% per annum of interest interest.

(hereinafter “each of the instant loans”). B.

As of October 15, 2019, the principal and interest on non-payment pursuant to each of the instant loans as of October 15, 2019 is KRW 192,319,60 (= Principal KRW 150,500,000 (= KRW 60,500,000,000 which was repaid on February 21, 2017), and interest and interest on delay in arrears amounting to KRW 41,819,600).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the interest on the outstanding principal of KRW 192,319,600 and damages for delay calculated at the rate of 12% per annum from October 16, 2019 to the date of full payment.

B. As to the Defendant’s argument, the Defendant asserted to the effect that, as the primary debtor C had a strong intent to repay the Plaintiff’s debt under each of the instant loans, it cannot respond to the Plaintiff’s claim. However, the above circumstance does not affect the Defendant’s duty, and thus, the Defendant’s argument cannot be accepted.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition and the remaining claims are dismissed. It is so decided as per Disposition.