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(영문) 서울중앙지방법원 2015.06.05 2014가단221713

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 23,585,218 and KRW 19,945,576 among them, from October 21, 2014.

Reasons

1. In full view of the contents of evidence Nos. 1 through 7, the following facts may be recognized, and there is no counter-proof, otherwise.

On July 20, 2011, Defendant A purchased an automobile and entered into a credit transaction agreement with the Plaintiff to borrow KRW 44,157,90 from the Plaintiff and repay the principal and interest of the loan in monthly installments. Defendant B guaranteed the principal and interest of the loan of Defendant A.

The Defendants did not pay the principal and interest of the loan after the installment of the principal and interest of the loan was paid on January 20, 2014.

The interest on the remaining loans as of October 20, 2014 is KRW 23,585,218 (=the interest on overdue principal is KRW 19,945,576 in overdue interest amounting to KRW 3,639,642).

The rate of delay damages under the credit transaction agreement is 24% per annum.

2. According to the above facts of determination, the Defendants are jointly and severally obligated to pay to the Plaintiff the remaining principal and interest of KRW 23,585,218 and the overdue principal of KRW 19,945,576, the interest rate of KRW 24% per annum, which is the agreed interest rate for delay from October 21, 2014 to the date of full payment, from October 21, 2014, to the date of full payment.

3. citing the Plaintiff’s claim for conclusion