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(영문) 청주지방법원충주지원 2014.12.11 2014가합963

대여금 등

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 214,178,846 as well as KRW 212,124,916 as well as full payment from October 19, 2014.

Reasons

1. Indication of claim;

A. The Plaintiff loaned KRW 150,000,000 to Defendant A Co., Ltd. on March 29, 201, KRW 150,000,00 to due date on March 29, 201, KRW 3.93% per annum, and KRW 12% per annum. ② On April 25, 2013, the Plaintiff loaned KRW 200,000 due date on March 25, 2018, KRW 4.43% per annum, and KRW 12% per annum. Defendant B guaranteed each of the loans obligations of Defendant A.

B. Defendant A Co., Ltd. did not pay the principal amounting to KRW 12,124,91 as of June 11, 201, and overdue interest KRW 287,01,01 as of June 11, 2014, even though the due date for payment for the obligations for loans made on March 29, 201 has expired. ② Since April 25, 2014, it did not pay interest for the obligations for loans made on April 4, 2013, and did not pay the principal amounting to KRW 200,00,000 as of June 11, 2014.

On the other hand, according to the above loan agreement, the obligor should lose the benefit of the time when the obligor fails to repay even a part of the obligation within the time limit. Thus, the maturity period for the obligation of loans on April 4, 2013 has arrived.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff delay damages for the total amount of the principal, interest, and overdue interest accrued to the Plaintiff (i.e., KRW 12,124,916, KRW 287,011, KRW 200,000, KRW 14,592), and the principal amount of KRW 212,124,916 (= KRW 12,124,916, KRW 200,000).

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;