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(영문) 서울중앙지방법원 2018.01.12 2017가합24453
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from May 15, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 15, 2007, the Plaintiff: (a) deposited KRW 300,000,000 to Defendant B on December 18, 2009 with the maturity of payment; and (b) deposited interest at KRW 450,000 per month (the interest rate of KRW 18% per annum, and the 15th day per month).

B. Defendant C jointly and severally guaranteed Defendant C’s above loan obligation against the Plaintiff.

C. Defendant B paid only the interest on April 28, 2017 to the Plaintiff on April 28, 2017, and did not pay the principal and interest any longer.

【Ground for recognition】 An absence of dispute

2. According to the above facts of determination, the debtors of the above borrowed loan obligation and the Defendants, a joint and several surety, are jointly and severally liable to pay to the Plaintiff, the obligee, the interest rate of KRW 300,000,000 and the interest rate of KRW 18% per annum from May 15, 2017 to the date of full payment.

As to this, the Defendants asserted that they were unable to repay due to financial difficulties, but this is not a reason to block the Plaintiff’s claim of this case, and thus, it cannot be accepted.

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is reasonable and acceptable.

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