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(영문) 부산지방법원 2015.12.08 2015가단72138

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 44,104,635 as well as the interest rate from January 1, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant A’s loan from the Plaintiff on July 9, 2008 at KRW 95,00,000 of the loan principal, the loan period of KRW 48 months, interest rate of KRW 8% per annum, interest rate of KRW 8.4% per annum, and interest rate of delayed damage rate of KRW 21% (hereinafter “instant loan”).

(2) Defendant B had not repaid the principal and interest of the instant loan to the Plaintiff from January 12, 2011. As of December 31, 2014, Defendant A had a joint and several liability for the instant loan obligation against the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 21% per annum from January 1, 2015 to the date of full payment, which is the date following the basic date, to the date of full payment.

2. Conclusion, the plaintiff's claim of this case is justified and acceptable.