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(영문) 수원지방법원 2016.01.15 2015가단133361
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 25,254,828 and KRW 21,977,249 among them.

Reasons

1. On May 11, 2015, the Plaintiff (the “instant loan agreement”) concluded a loan agreement between Defendant A and the Plaintiff on May 10, 2015, stipulating that the loan period of KRW 162 million shall expire on May 10, 2015, and that the Plaintiff shall lend the loan at an annual interest rate of KRW 50,000,000 to Defendant A, and the Defendant A agreed to pay the loan in installments through 60 months (hereinafter “instant loan agreement”). Defendant B and the Plaintiff jointly and severally guaranteed the obligation of the Plaintiff under the instant loan agreement; Defendant A’s debt amount as of July 24, 2015 based on the instant loan agreement was KRW 25,254,828 (i.e., the balance of the loan amount of KRW 21,977,249, KRW 367,637, 909, 942). The agreement is either a dispute between the parties or a dispute between the entire parties.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed damages for delay at the rate of 29% per annum from July 25, 2015 to the date of full payment, with respect to KRW 25,254,828 and the balance of KRW 21,97,249, respectively, pursuant to the instant loan agreement.

2. Defendant B’s assertion that Defendant B did not bear joint and several liability after the lapse of May 10, 2015, which is the loan term under the instant loan agreement, but there is no evidence to prove that Defendant B is liable for joint and several liability only by the expiration date of the said loan term. Rather, Defendant B is liable for joint and several liability to the Plaintiff as seen earlier, as long as the said obligation remains, and as long as it remains, Defendant B is liable for the joint and several liability without regard to the expiration date of the loan term. Therefore, the above Defendant’s assertion is without merit.

3. It is so decided as per Disposition by admitting the plaintiff's claim on the ground of its reasoning.

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