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Reasons
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(영문) 대구지방법원 2017.06.08 2016가합201351
대여금
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1. Defendant B paid KRW 942,835,00 to the Plaintiff and KRW 435,00,000 among them, from March 22, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. From March 23, 2006 to July 25, 2007, the Plaintiff received each of the loans from Defendant B and D, E, F, G, H, and I from Defendant B, and leased Defendant B KRW 365,00,000 in total over several occasions.

B. On August 10, 2007, Defendant B did not repay the above loan obligations, the Plaintiff newly concluded a new contract with the content that the sum of KRW 365,000,000,000 in total of the principal of the above loan and KRW 70,000,000 in interest and delay damages incurred during the loan and KRW 435,00,000 as the principal of the loan, and the interest is KRW 7 million per month, and the due date is August 10, 2008 (hereinafter “instant contract”).

C. From August 10, 2007 to May 28, 2012, Defendant B paid to the Plaintiff the sum of KRW 52,227,00,00 as interest or delay damages on the instant loan over several occasions, which is the date of the instant contract, and the sum of the principal and interest on the instant loan as of March 21, 2016, remaining after being appropriated for payment as of March 21, 2016 ( = 435,00,000,000 as principal interest and delay damages, and KRW 507,835,500 as interest and delay damages).

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (if there are additional numbers, including each number; hereinafter the same shall apply), Eul 1 evidence, part of Gap 3 evidence, the purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum as claimed by the Plaintiff within the agreed upon between March 22, 2016 and the day of full payment, with interest rate of KRW 942,835,00 (= principal interest of KRW 435,000,000 and delay damages of KRW 507,835,500) and its principal of KRW 435,000,000 from March 22, 2016 to the day of full payment.

3. Determination as to the Plaintiff’s claim against Defendant C

A. The Plaintiff guaranteed Defendant C’s debt of the instant loan by Defendant C, and Defendant C accordingly.

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