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(영문) 대전지방법원홍성지원 2015.11.26 2015가합1434

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 456,103,496 and KRW 244,337,480 among them. < Amended by Presidential Decree No. 26358, Jun. 29, 2015>

Reasons

1. On October 31, 2013, the Plaintiff indicated the claim and provided loans to Defendant A by setting the changed interest rate from the next day when the overdue interest rate of the financial institution changes, and Defendant B guaranteed Defendant A’s obligation to pay the above loans.

Defendant A lost a benefit due to delay in the payment of interest, and thereafter, the Plaintiff received 55,662,520 won in the auction procedure of real estate rent on June 22, 2015 and appropriated it for expenses and principal, etc. on June 28, 2015, and the balance of principal and interest as of June 28, 2015 is KRW 456,103,496 (i.e., principal amount of KRW 244,37,480 and interest accrued at KRW 210,90,492 overdue interest of KRW 857,524).

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 456,103,496 and the amount of KRW 244,337,480, whichever is the principal, to the Plaintiff at the rate of 18.3% per annum, which is the interest rate for delay from June 29, 2015 to the date of full payment.

2. Article 208(3)2 of the Civil Procedure Act of the judgment rendered by deeming that a confession has been made (the Defendant is deemed to have been led to a confession pursuant to Article 150 of the Civil Procedure Act on the grounds that only the formal written objection that does not contain any description on defense methods, such as a defense panel, etc., on September 2, 2015, was served with the original copy of the payment order, and did not submit subsequent written answers or written documents, and did not appear on the date