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(영문) 서울중앙지방법원 2017.12.20 2017가단5060297

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 141,952,565 and the interest rate thereon from August 19, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. In fact, the Plaintiff entered into a loan contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on five occasions from September 11, 2015 to January 12, 2016, setting the repayment period of 36 months, the principal and interest equality, the agreed interest rate of 9.9% per annum, and the overdue interest rate of 25% per annum. At the time, Defendant B guaranteed each of the Defendant Company’s principal and interest obligations against the Plaintiff.

② Since January 2017, Defendant Company delayed paying the principal and interest of loans and terminated the instant loan agreement on May 18, 2017.

(3) Each of the principal and interest of loans remains as listed in the following table on May 18, 2017:

On September 11, 2015, total interest on loans 16,76,00 won 76,967,872 won 3,418,537 won 80,386,409 won 13,145,520 won 612,639 won 13,758,159 won 308,630,400 won 16,747,74,739,1616, 208, 207, 208, 205, 208, 164, 208, 200 won 16, 305, 208, 207, 163, 205, 16, 205, 208, 205, 207, 208, 205, 2005 won

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-19, the purport of the whole pleadings

B. First of all, a shortage of repayment due to the extinguishment of all of the principal and interest of a loan shall be appropriated in the order of expenses, interest, and principal pursuant to Article 479 of the Civil Act, unless the parties have agreed otherwise, and 6,448,970 won interest and 3,551,030 won (142,522,713 won interest and interest calculated at the rate of 25% per annum from May 19, 2017 to July 12, 2017) shall be appropriated to 3,369,006 won (3,51,030 won from the principal and interest of 5,369,006 won, interest and principal and interest of 6 million won from August 18, 2017, and shall be appropriated to 1,817,361,187,186 won from the interest and interest rate of 3,551,271,2718 won;

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