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(영문) 서울중앙지방법원 2015.05.14 2014가단254805

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 105,434,629 and KRW 98,427,375 among them. < Amended by Act No. 1283, Oct. 14, 2014>

Reasons

1. Facts of recognition;

A. On June 24, 2014, the Plaintiff loaned KRW 100 million to Defendant A under the joint and several surety by Defendant B, and the agreed interest rate shall be 12.8% per annum, and the overdue interest rate shall be 24% per annum, and the principal and interest every month shall be paid in equal installments.

(hereinafter “instant loan agreement”). B.

Defendant A lost the benefit of time due to the failure to repay the principal and interest under the instant loan agreement on October 2014.

C. The amount to be repaid by the Defendants under the instant loan agreement as of October 13, 2014 is the sum of KRW 105,434,629, including principal and interest, etc. (principal KRW 98,427,375, interest KRW 3,060,758, liquidated damages KRW 137,390, repayment fees KRW 3,809,106).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally obligated to pay to the Plaintiff 105,434,629 won as repayment under the instant loan agreement and the total principal amount of KRW 98,427,375, the agreed interest rate of KRW 24% per annum from October 14, 2014 to the date of full payment.

As to this, the defendants asserted to the effect that they do not bear obligations pursuant to the loan agreement of this case since they were deceivingd from D representative director of C Co., Ltd., the owner of the vehicle purchased with the loan of this case, and thus, they do not bear obligations pursuant to the loan agreement of this case. However, there is no evidence to support the fact that the Defendants concluded

3. Thus, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition with the assent of all.