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(영문) 광주지방법원 2016.10.25 2016가단21785

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 26,700,000 and each year from April 7, 2015 to June 6, 2015.

Reasons

1. Facts of recognition;

A. On February 29, 2012, the Plaintiff loaned KRW 26,700,00 to Defendant A for payment on February 28, 2017. The interest rate applied the base rate for change on a six-month basis, 13% per annum for the first time, 8% per annum for delay within 30 days from the date of delinquency, 9% per annum for more than 30 days to 90 days, and 10% per annum for the above base rate for change after more than 90 days. The Plaintiff paid the interest on the above loan to Defendant A in addition to the above base rate for change. In the event that Defendant A fails to pay even once, the interest on the loan, the interest rate shall be lost.

(hereinafter referred to as the “instant loan”). B.

At the time of the instant loan, Defendant B and C jointly and severally guaranteed to the Plaintiff within the limit of KRW 34,700,000, total amount of the debt incurred from the instant loan to the Plaintiff.

C. However, Defendant A delayed the payment of interest on the principal of the instant loan after April 7, 2015 and lost the interest on June 7, 2015. As of June 7, 2015, Defendant A’s principal of the instant loan unpaid due to the instant loan was KRW 26,70,000, and the agreed interest rate applied with the base rate for fluctuation is KRW 10.43% per annum and KRW 19.43% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 26,700,000 of the principal of the instant loan and the damages for delay calculated at the rate of KRW 10.43% per annum, which is the agreed interest rate from April 7, 2015 to June 6, 2015, which is the day immediately following the day immediately following the day immediately following the date of payment of the final interest, and from June 7, 2015 to the day of full payment, the amount of damages for delay calculated at the rate of KRW 19.43% per annum, which is the agreed interest rate, from June 7, 2015 to the day immediately following the day of full payment. Defendant B and C are liable to pay each amount of KRW 34

The Plaintiff sought full payment of the loan to Defendant B and C, but as seen earlier, the said Defendants’ guarantee limit is KRW 34,700,000 with respect to Defendant A’s loan obligations against the Plaintiff.