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(영문) 서울남부지방법원 2020.06.25 2020가단218332
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 124,114,968 and KRW 122,022,636 among them. From December 14, 2019.

Reasons

1. Facts of recognition;

A. On May 10, 2017, the Plaintiff lent to Defendant C the amount of KRW 166,30,000, interest rate of KRW 7.9%, overdue interest rate of KRW 24%, and repayment period of KRW 69%. Defendant D jointly guaranteed Defendant C’s above loan obligation up to KRW 216,190,00.

B. As of December 13, 2019, Defendant C lost the benefit of time by delaying the performance of the above loan obligations, the principal amounting to KRW 122,022,636, interest and overdue interest amounting to KRW 2,092,332 remains.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants jointly and severally pay to the Plaintiff KRW 124,114,968 and 122,022,636 among them, damages for delay calculated by the rate of 24% per annum as stipulated in the agreement from December 14, 2019 to the date of full payment, which is the following day of the above base date, to the Plaintiff. Defendant D is liable to pay to the Plaintiff within the maximum limit of KRW 216,190,00,00, the maximum amount of the guaranteed liability.

3. In conclusion, the plaintiff's claim against the defendants is justified.

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