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(영문) 의정부지방법원고양지원 2016.04.15 2015가단82613
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 146,182,414 and Defendant A with respect thereto from May 19, 2015, and Defendant B.

Reasons

1. Comprehensively taking account of the respective statements and arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim against the defendant A, the plaintiff extended KRW 1.5 billion to the defendant A around June 14, 2007, and determined the loan interest rate of KRW 10.5% per annum, overdue interest rate of KRW 21% per annum, and the defendant A delayed loan interest, etc. under the above loan agreement. Thus, the defendant A (excluding the principal of the loan that the plaintiff was paid, interest, and delay interest of KRW 146,182,414 as the plaintiff sought, and the remaining interest interest interest interest rate of KRW 146,182,414 as the plaintiff sought from May 19, 2015 to September 30, 2015, the legal interest rate of KRW 30% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the date when the original copy of the instant payment order was delivered to the defendant.

(Plaintiff’s claim for the payment of damages for delay calculated at the rate of 20% per annum, but the amendment of the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings to the statutory interest rate, the part seeking the payment of damages for delay calculated at the rate exceeding 15% per annum after October 1, 2015 is not acceptable; hereinafter the same shall apply to Defendant B). 2. Determination as to Defendant B

A. Since there is no dispute between the parties that Defendant B signed and sealed on the principal and interest of Defendant A’s loan as joint and several sureties, Defendant B and the Plaintiff jointly and severally with Defendant A, and the original copy of the instant payment order from June 3, 2015 to September 30, 2015, the following day after the original copy of the instant payment order was served on Defendant A.

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