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(영문) 청주지방법원 2016.05.18 2015나2899

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Facts of recognition;

A. On September 20, 201, the Plaintiff loaned KRW 10,000,00 to C, and C, from September 5, 2011, to October 5, 2012 operated by the Plaintiff, agreed to pay KRW 10,000,000,00 by paying the monthly deposit of KRW 1 to four times each month, from September 5, 201, to October 5, 201, respectively, and KRW 10,000,000,000 by paying the monthly deposit, and to pay the said deposit in a manner that does not receive the payment.

(hereinafter “instant agreement”). (b)

around this time, the Defendant agreed to guarantee C’s obligation to pay the amount under the instant agreement to the Plaintiff, and the Plaintiff paid C KRW 7,700,000 after deducting interest from interest accrued until January 20, 2012.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The asserted Plaintiff received KRW 6,200,00 from C in accordance with the instant agreement. The Plaintiff sought payment of KRW 6,200,000 for the remainder of the principal and interest on the loan to the Defendant, a joint guarantor, as well as for the delayed payment from the day following the delivery of the written complaint.

3. Determination on the cause of the claim

A. According to the above facts, the Plaintiff lent KRW 10,00,000 to C on September 20, 201, and C agreed to pay the Plaintiff a total of KRW 12,200,000 (i.e., KRW 800,000 x 4 times x 1,000 x 9 times) once through 14 times in the form of a deposit amount (i.e., KRW 80,000 x 1,000 x 9 times), and B guaranteed the Plaintiff’s obligation to pay the principal and interest of the loan.

(B) Accordingly, the plaintiff's claim is interpreted as seeking the payment of the principal and interest of the loan unpaid under the agreement of this case to the defendant who is the guarantor.

The plaintiff's loan principal and interest rate shall be considered.

1) First of all, according to the above facts of recognition, C decided to pay a total of KRW 12,200,000 in advance interest and deducted amount of KRW 2,300,000 according to the instant agreement in addition to those of KRW 2,300,000. According to this, the interest rate of KRW 14,50,000 on the basis of the original amount of KRW 10,000 (= interest rate of KRW 4,50,000) / 43% [the total amount of KRW 14,50,000].