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Reasons
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(영문) 춘천지방법원원주지원 2019.07.03 2019가단240
대여금
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1. The Defendants jointly and severally pay to the Plaintiff KRW 62,438,050 as well as KRW 60,58,336 among them, from January 3, 2019.

Reasons

1. Facts of recognition;

A. On May 16, 2016, the Plaintiff entered into two cases of the “Agreement on High and High Time Debate” (hereinafter “instant loan agreement”) with Defendant D to provide loans as collateral between Defendant E and Defendant D, and Defendant E and Defendant Limited Partnership F jointly and severally guaranteed the obligation of Defendant D under the said agreement.

1. On collateral-mortgaged vehicle: [Attachment] RoBEX 300 LC, [Motor Vehicle Number] G loan conditions: [Amount of loan] 82,50,000 won per annum / [interest rate] 8.9% per annum / [Period] 48 months, 25% per annum / [Refund Method] / [Refund Method] 25% per annum / [Motor Vehicle] / [Motor Vehicle Number] / [Motor Vehicle Number] / [Loan Amount] 58,50,00 won per annum / [Interest Rate] 8.9% per annum / [Period] 48% per annum / [Interest Rate] 25% per annum / [Refund method] repayment of principal and interest equal interest.

B. Defendant D, as of January 2, 2019, lost the benefit of time by delaying the obligation to repay the principal and interest under the instant loan agreement, and the Plaintiff’s claim amount under the instant loan agreement as of January 2, 2019 is as follows.

[1] Principal] 36,189,419 won [interest] 671,860 won [Supplementary Redemption Fee] 496,639 won [Supplementary ] 35,841 won [Supplementary ] 37,393,759 won [interest] 24,398,917 won [interest] 286,086 won [Supplementary ] 352,162 won [Supplementary ] 7,126 won [Supplementary ] 7,126 won: 25,04,291 won [Reasons for Recognition] 35,04,291 won [Supplementary ]

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendants, joint and several, are jointly and severally liable to pay to the Plaintiff 62,438,050 won (= KRW 37,393,759 KRW 25,044,291), and 60,58,336 won (== KRW 36,189,419 KRW 24,398,917) from January 3, 2019 to the date of full payment).

B. The Defendants’ assertion and determination are identical to the business entity during which Defendant D was engaged in aggregate extraction business.

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