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(영문) 서울중앙지방법원 2016.08.10 2015가단5391539

대여금

Text

1. The Defendants jointly and severally agreed with the Plaintiff as to KRW 28,590,445 and KRW 26,200,000 among them, from May 10, 2016.

Reasons

1. Facts of recognition;

A. On August 24, 2015, the Plaintiff leased KRW 34,200,00 to Defendant A Co., Ltd. (hereinafter referred to as Defendant A) as the due date and on October 24, 2015, and the Defendant B guaranteed the Defendant A’s obligation to the Plaintiff.

B. Defendant B repaid KRW 8,00,000 to the Plaintiff on February 17, 2016, and the Plaintiff appropriated this to repay the leased principal, thereby remaining at KRW 26,200,000 (=34,200,000-8,000), and the sum of interest or delay damages incurred from August 24, 2015 to May 9, 2016 is KRW 2,390,445, and the agreed delay damages rate is 11% per annum.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 28,590,445 (=26,200,000 won and KRW 26,200,445) of the leased principal to the Plaintiff and KRW 26,200,00 of the leased principal from May 10, 2016 to June 16, 2016, the day following the date when the application for amendment of the purport of the claim was served on the Defendants. Defendant A, for whom the application for amendment of the purport of the claim was served on the Defendants, signed and sealed by the Defendants, is liable to pay damages for delay calculated at the rate of 11% per annum under each agreement until June 23, 2016, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants of this case is with merit, and it is so decided as per Disposition.