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(영문) 수원지방법원 2017.01.19 2016가단533616

약정금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 83,626,977 and KRW 82,116,750, respectively, from July 26, 2016.

Reasons

On March 27, 2015, the Plaintiff loaned KRW 95,00,00 to Defendant A Co., Ltd. (hereinafter “Defendant Company”) at an interest rate of KRW 9.5% per annum, KRW 25% per annum, KRW 60 per annum, and the repayment of principal and interest per repayment method equal, etc. The Plaintiff jointly guaranteed the above loan by Defendant B; Defendant Company lost its profits due to delayed payment of principal and interest from May 21, 2016; and as of July 25, 2016, the Plaintiff lost its profits due to delinquency in payment of principal and interest; (i) interest amount of KRW 82,116,750; (ii) interest amount of KRW 1,410,187; and (iii) damages for delay amount of KRW 100,040 per annum, or may be recognized by taking into account the purport of the entire pleadings as stated in the evidence Gap 1 and 2.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest amounting to KRW 83,626,977 (i.e., the principal amounting to KRW 82,16,750, KRW 1010,187, KRW 100,040, KRW 82,116,750) and damages for delay calculated at 25% per annum from July 26, 2016 to the date of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.