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(영문) 부산지방법원 2016.05.25 2016가합41350

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 633,400,000 and KRW 600,000 among them, from October 10, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) On October 10, 2014, the Plaintiff concluded a monetary loan agreement with Defendant B on a loan of KRW 1 billion, interest rate of KRW 2 billion, and maturity of payment on April 10, 2015, and agreed to deduct 2% of the interest in advance when the loan is paid (hereinafter “instant monetary loan agreement”).

(2) As to the instant contract, Defendant C provided joint and several sureties on October 10, 2014, and Defendant D provided joint and several sureties around August 2015. (2) The Plaintiff paid to Defendant B KRW 50 million on October 13, 2014, and KRW 480 million on October 14, 2014.

[Ground of recognition] Defendant B and D: A without dispute, each entry of evidence Nos. 1 and 2, and the purport of the whole pleading as a whole, Defendant C: Confession due to non-appearance (Article 150(3) and (1) of the Civil Procedure Act)

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff a loan of one billion won and damages for delay.

However, Defendant B paid KRW 20 million each month with interest and delay damages from the date of the instant contract until May 10, 2015, and the same year. < Amended by Presidential Decree No. 26357, Jun. 10, 2015>

7. The fact that 10 million won has been repaid as damages for delay, and 260 million won has been paid as of August 10, 2015, and on August 10, 2015, 200 million won has been designated as repayment of principal, and on September 10, 2015, 140 million won has been designated as repayment of principal, and on September 10, 2015, the Plaintiff designated as repayment of principal amount of 140 million won among them. Thus, if the said money has been appropriated for repayment of principal or damages for delay as stated in the following table, the Plaintiff’s claim against the Defendants of the Plaintiff on October 9, 2015 would remain in excess of the principal amount of 60 million won, damages for delay, 34 million won, as of the date of each repayment.

The principal damages for delay due to delay due to the repayment date shall be the principal damages for delay (2% per month) and damages for delay due to delay due to the payment date (10 billion won per 10 billion won per 10 million won per June 10, 2015, and KRW 10 billion per 10 billion per July 10, 2015, and KRW 20 billion per 10 billion per 10 billion per July 10, 2015. < Amended by Presidential Decree No. 26357, Aug. 10, 2015; Presidential Decree No. 26357, Aug. 26, 2015>