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(영문) 부산지방법원 2017.07.18 2016가단355601

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 86,219,527 and KRW 84,843,651 among them, from October 15, 2016.

Reasons

Basic Facts

On July 31, 2015, the Plaintiff entered into a credit transaction contract (hereinafter “the instant credit transaction contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a loan principal of KRW 100,00,000, the loan period of KRW 60 months, the loan interest rate of KRW 8.9% per annum, and the delay interest rate of KRW 25% per annum. Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the instant credit transaction contract. At that time, the Plaintiff paid the said loan to the Defendant Co., Ltd.

The Defendant Company lost its interest on October 14, 2016 due to delinquency in the repayment of principal and interest under the instant credit transaction agreement.

The Defendants’ obligation to pay the principal and interest of loan under the instant credit transaction agreement to the Plaintiff calculated as of October 14, 2016 is 86,219,527 won in total, including the remainder principal, 84,843,651 won, unpaid interest 1,327,781 won, delay damages 48,095 won.

[Based on the above facts, the defendants are jointly and severally liable to pay to the plaintiff 86,219,527 won in total and the remaining principal 84,843,651 won in total under the credit transaction contract of this case, and to pay to the plaintiff 86,219,527 won in total and 84,843,651 won in a year from October 15, 2016 to the day of full payment, which is the day following the base date of the above calculation.

As to the Defendant Company’s assertion, the Defendant Company explained to the effect that the loan for vehicles operated by an individual to the Plaintiff at the time of the instant credit transaction contract, and that the principal and interest of the loan were repaid by an individual, and thus, the Plaintiff’s claim against the Defendant Company is groundless. However, there is no evidence to acknowledge

As to the Defendant B’s assertion, at the time of the instant credit transaction agreement, Defendant B was inevitable in the position of the representative director of the Defendant Company.