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(영문) 서울중앙지방법원 2016.08.11 2015가단137143

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 33,139,406 and KRW 27,484,158 among them.

Reasons

1. Facts of recognition;

A. On December 17, 2013, Defendant A entered into an installment financing agreement with the Plaintiff (hereinafter “instant agreement”). Defendant B Co., Ltd. (hereinafter “Defendant Company”) jointly and severally guaranteed Defendant A’s obligation under the instant agreement, and the main contents of the instant agreement are as follows.

1. Contract number and type: E/O 2: 32,00,000 borrowed interest rate: 12.9% per annum / interest rate for delay in the contract: 24% per annum : 36 months: 5% per annum: Redemption rate for equal installments of principal and interest (1,076,65 won per month) : 2% of the amount of redemption before maturity (4% after the lapse of 12 months, 3% after the lapse of 18 months);

B. Defendant A delayed the payment of installments under the instant agreement, and on June 11, 2014, the Plaintiff urged Defendant A to pay the unpaid installments.

Nevertheless, Defendant A did not pay an installment, and the Plaintiff eventually terminated the instant agreement on August 6, 2015.

C. As of August 6, 2015, the date of termination of the instant agreement, the details of the obligations owed by the Defendants against the Plaintiff are as follows.

The agreed interest rate of KRW 12.9% per annum of KRW 1,914,259 (from July 10, 2014 to August 6, 2015), overdue interest rate of KRW 1,914,259 (the agreed interest rate of KRW 24% per annum of KRW 422,806, KRW 33,139,406 (based on the basis of the agreed interest rate), the aggregate of KRW 5,00 KRW 33,139,406 (based on the agreed interest rate), and the agreed interest rate of KRW 6,7, the interest rate of KRW 3,318,18,18,18, and the agreed interest rate of KRW 122,80,06, KRW 5, and the interest rate of KRW 33,139,406 (based on the agreed interest rate), Gap evidence 1-2, Gap evidence 2, Gap evidence 8-1, 2-2, and the purport of the whole pleadings.

2. According to the above facts of recognition, the Defendants jointly and severally agreed on KRW 33,139,406 and the redemption principal of KRW 27,484,158 to the Plaintiff from August 7, 2015 to the full payment day.