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(영문) 인천지방법원부천지원 2015.07.07 2015가단101193

대여금

Text

Defendants are jointly and severally liable to the Plaintiff for 42,068,351 won and 24% per annum from July 31, 2014 to the date of complete payment.

Reasons

Facts of recognition

The Plaintiff, as joint and several sureties, set the annual interest rate of 24% on October 15, 2007, with Defendant C as a joint and several sureties, lent each of the loans of KRW 50,000,000 (hereinafter “loan 1”) and KRW 20,000,000 on December 5, 207 (hereinafter “Loan 2”).

On November 4, 2008, the Plaintiff set up a collateral security (hereinafter “instant collateral security”) with respect to Article 206 of the 206 of the Dolet-gu Seoul Special Metropolitan City Do Do Do 206 on November 4, 2008, and drafted a credit transaction agreement with the Solomon Mutual Savings Bank Co., Ltd. (hereinafter “instant collateral security”) on May 4, 2009 to receive a loan of KRW 20,000,000, which

(hereinafter “instant loan”). The Defendants borrowed KRW 20,000,000 from the Plaintiff.

(2) On November 15, 2007, the Defendants paid 1,000,000 won (50,000 won x 24% x 1/12) corresponding to the interest of the first month of the instant loan to the Plaintiff on November 15, 2007, and paid to the Plaintiff the amount indicated in the column for “the date of appropriation for performance” in the attached Table for appropriation of performance to the Plaintiff on the date indicated in the “date of appropriation for performance.”

(2) On February 12, 2013, the Defendants borrowed KRW 6,000,000 from the Plaintiff as interest-free and repaid KRW 6,00,000 on March 15, 2013.

On September 30, 2013, the registration of creation of a neighboring mortgage of this case was cancelled on October 16, 2013.

[Grounds] The non-contentious facts, Gap evidence 1 through 6, Eul evidence 1 and 2 (including branch numbers), and the part of the agreed interest rate of the loan No. 3 of this case as to the ground for the claim of the entire pleadings. The plaintiff is calculated at the ratio of 28% per annum from November 4, 2008 to May 3, 2009 as the interest rate stipulated in the loan agreement of this case. The plaintiff is calculated at the same rate as 16% per annum from November 4, 2008 to May 3, 2009, from May 4, 2009 to the date of full payment.