beta
(영문) 전주지방법원 2015.02.12 2014가단29348

대여금

Text

1. The plaintiff

A. Defendant A’s interest rate of KRW 75,094,350 and KRW 24,983,926 among them shall be from May 31, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s loan to Defendant A, under the joint and several guarantee of Defendant C and Defendant B, loaned the Defendant A a loan with the interest rate of KRW 7% per annum, interest rate of KRW 30 million per annum, interest rate of KRW 19% per annum, and due date of payment on June 25, 2006 (the Defendant B’s loan of KRW 30 million per annum, hereinafter the instant loan), ② June 25, 2001, ② interest rate of KRW 4% per annum, interest rate of KRW 19% per annum, interest rate of KRW 21% per annum, and due date of payment on June 25, 2006.

(B) Defendant B’s guarantee limit of KRW 10 million, hereinafter referred to as this case’s second loan).

(1) Defendant A lost the benefit of time due to the failure to repay the principal and interest of each of the instant loans.

(2) The Plaintiff filed a loan claim lawsuit with the Jeonju District Court Branch Decision 2003Kadan4069 against the Defendants on February 6, 2004. The above judgment became final and conclusive on March 3, 2004 for Defendant B and March 5, 2004 for Defendant A.

(3) The Plaintiff filed a lawsuit against the Defendants on the instant ② loan with the Jeonju District Court 2004Gaso39753. The Plaintiff was finalized on May 25, 2004 by the decision of performance recommendation as of June 12, 2004, and against Defendant A, it was finalized after the judgment of winning the lawsuit was rendered on October 13, 2004.

C. As of May 30, 2014, the amount of each of the instant loans, as of May 30, 2014, the principal amount of the instant loans is KRW 24,983,926, interest rate is KRW 50,110,424, and the principal amount of the instant loans is KRW 5,195,104, interest rate is KRW 13,651,108.

[Evidence] Each entry of Gap evidence Nos. 1 through 6, 9 (including paper numbers), and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally hold the Plaintiff KRW 75,094,350 ( KRW 24,983,926, KRW 50,110,424) and KRW 24,983,926 among them, 19% per annum from May 31, 2014 to the date of full payment.