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(영문) 서울중앙지방법원 2017.02.16 2016가합11900
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 363,64,094 and the interest rate thereon from January 22, 2016 to the date of full payment.

Reasons

1. The Plaintiff’s judgment on the Plaintiff’s claim set the amount of KRW 300 million on September 24, 2015 to Defendant A Co., Ltd. (hereinafter “Defendant A”), with the maturity of KRW 2.5% on November 24, 2015 and interest monthly 2.5%, respectively, and lent KRW 600 million on October 12, 2015 to the maturity of payment on December 11, 2015 and at 2.5% on interest, respectively, and there is no dispute between the Plaintiff and the Defendant on the joint and several debt of Defendant A, and the Defendant A is deemed to have led to confession pursuant to Article 150(3) of the Civil Procedure Act.

Meanwhile, the Plaintiff is a person who received reimbursement of the total of KRW 60 million from the Defendants on November 30, 2015, KRW 50 million, KRW 100 million on December 29, 2015, KRW 100 million on January 13, 2016, KRW 350 million on January 21, 2016, and the Plaintiff claims interest calculated at the rate of 25% per annum except for the invalid portion under the Interest Limitation Act.

Accordingly, the principal of the loan on January 21, 2016, which is the date of the final repayment, shall be KRW 364,173,419, when the above amount repaid by the Defendants is legally satisfied as follows.

The Defendants are jointly and severally liable to pay 300,00,000,000,000,000,00,000,00,00,000, 688,5240,000,000 on September 24, 2015 x 903,688,5240,00,000 x (18/366 x 25%) 60,00,00,00 x 60636,00,00,000 x 3067,00,00,000 x 30,6763,00,00,679,679,68,524 x 20,07,06,000 x 206,07,0636,000,000 x 206,524,075 x 276,085,29

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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