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(영문) 서울남부지방법원 2016.11.23 2016가단40228
대여금 및 보증채무금
Text

The Defendants jointly and severally pay to the Plaintiff KRW 57,898,237 and KRW 55,881,739 from August 26, 2016.

Reasons

According to Gap evidence No. 1 through 5, there is no dispute over the cause of the claim, or according to the plaintiff's statement, the loan between the defendant A and the amount of interest of KRW 60,000,000 per annum 10.9% per annum, added to the loan principal and interest for 48 months, and the compensation for delay is set at 25% per annum. The defendant B provided joint and several surety in the above loan agreement; the defendants paid the repayment from July 5, 2016 to the repayment of the repayment from July 25, 2016; and the defendants paid the principal and interest of KRW 57,898,237; and the principal and interest of KRW 55,81,739 among them can be acknowledged respectively.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 57,898,237 won and 55,881,739 won among them at the rate of 25% per annum, which is damages for delay, from August 26, 2016 to the date of full payment.

The Defendants’ assertion is alleged to have reached an agreement by deceiving and deceiving that no vehicle purchased through the above loan or loan would be in the form of a vehicle, and that the transportation company would not bear any actual obligation from C, D, etc., related to the transportation company. However, such circumstance alone does not make the Plaintiff invalid a loan contract or a joint and several liability contract with the Plaintiff. Therefore, the above assertion is difficult to accept.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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