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(영문) 의정부지방법원 2018.02.07 2017가합572

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,710,00,00 and KRW 2,550,000 among them, from February 20, 2017.

Reasons

1. From September 10, 2013 to June 17, 2015, the Plaintiff agreed to pay to the Plaintiff KRW 28,500,000 per month interest on the instant unpaid amount in the future, in the event that the Plaintiff lent money more than 33 times to Defendant B from September 10, 2013 to June 17, 2015 (hereinafter “instant unpaid payment”).

Meanwhile, on June 17, 2015, Defendant Newnam Development Co., Ltd. (hereinafter “Defendant Co., Ltd”) agreed to repay the principal and interest of the instant unpaid amount to the Plaintiff by July 17, 2015.

However, according to the above agreement, the Defendants paid interest and delay damages until July 27, 2016, and did not pay 20,000,000 won for delay damages until September 19, 2016, and thereafter, the Defendants did not pay any more. Accordingly, the Defendants are clearly asserting that the Defendants are liable to pay damages for delay damages from the total sum of the principal and interest up to February 19, 2017 (the copy Plaintiff filed with the warden for payment of the principal and interest up to January 20, 2017 from July 20, 2016 to January 20, 2017. However, in light of the fact that the amount of damages for delay calculated from July 20, 2016 to February 19, 2017, the Defendants are not obligated to pay damages for delay from February 10, 2017 to February 27, 2017).

Therefore, barring any special circumstance, the Defendants jointly and severally agreed to the Plaintiff KRW 2,710,00,000 (= Principal = KRW 2,550,000,000 from July 20, 2016 to February 19, 2017) (==160,000,000 for delay delay from July 20, 2016 to February 19, 2017).

9. As to KRW 140,00,000 from September 20, 2016 to February 19, 2017 (i.e., KRW 28,000,000 per month x 5 months) and the amount of KRW 2,50,000 among them, the payment order in this case is issued from February 20, 2017 to Defendant New Development Co., Ltd.