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(영문) 서울중앙지방법원 2016.12.26 2016가단67838

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 127,725,00 and the interest rate of KRW 18% per annum from November 5, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On October 5, 2012, the Plaintiff leased KRW 150,000,00 to Defendant B, the representative director of Defendant C, under the joint and several guarantee by Defendant C Co., Ltd. (hereinafter “Defendant C”), for a period of ten months, on the condition that the lending period is ten months, but the amount equivalent to 15% of the principal as interest was determined to be paid for ten months.

(hereinafter referred to as “the instant loan”). (b)

Since the Defendants did not fully pay the principal and interest of the instant loan even after the aforementioned lending period had expired, on October 4, 2015, the Plaintiff confirmed that the remainder of the loan principal of the instant case was KRW 127,725,000 as of November 4, 2015 as of the date of repayment between the Defendants and the Defendants, and concluded a settlement agreement to receive additional interest calculated at the rate of KRW 400,000 per month from November 5, 2015, the following day following the said repayment date (hereinafter “instant settlement agreement”).

C. Even after the settlement agreement of this case, the Defendants did not pay the principal and interest of the loan of this case until now.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. Determination:

A. According to the above facts finding as to the cause of the claim, Defendant B is the principal debtor. Defendant C is jointly and severally liable to pay to the Plaintiff the amount calculated by applying the rate of KRW 127,725,00,000 to the remainder of the leased principal of this case and the interest rate of KRW 18% per annum (=15% x 12/10) calculated from November 5, 2015, the following day following the date of repayment under the instant settlement agreement, and the interest rate of KRW 400,00 per annum as additional interest from November 5, 2015 to the date of full payment.

B. As to the determination of the Defendants’ assertion, as of November 4, 2015, the Defendants asserted that the principal and interest of the instant loan remains in total of KRW 100,387,90,00,00 in total of KRW 95,223,496, interest 5,164,408, and KRW 100,387,90. However, each of the entries in the evidence Nos. 1 and 2 alone is reversed and the Defendants’ assertion is above.