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(영문) 서울동부지방법원 2020.11.24 2020가단9214
대여금
Text

The Defendants jointly and severally against the Plaintiff KRW 143,735,00 and KRW 50,000 among them, Defendant B from May 7, 2020.

Reasons

1. Facts of recognition;

A. On July 23, 2008, the Plaintiff leased KRW 150 million to Defendant B for interest rateed to 2% per month and on August 22, 2008, and Defendant C jointly and severally guaranteed this.

B. On December 16, 2008, Defendant C repaid KRW 100 million to the Plaintiff (hereinafter “instant reimbursement”) and the said money was appropriated to the principal by agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The plaintiff's judgment on the plaintiff's claim shall be 143,735,00 won (=50,000 won) plus interest or delay damages from July 23, 2008 to December 16, 2008 (the repayment date of this case, from July 23, 2008, the loan of KRW 150,000 to December 31, 2020, plus interest or delay damages from KRW 93,735,000 to March 31, 200, plus interest or delay damages from KRW 93,735,00 (= KRW 50,000,000) and the remaining principal amount of KRW 50,000,000,000 from the day following the delivery date of the original payment order of this case to KRW 24% per annum.

Therefore, as the defendant seeks from the plaintiff, it is clear in the calculation that 143,735,00 won [150,000,000 won x 24% per annum x 147 days/365 days x 24% per annum x 14,498,630,500 won per annum x 24% per annum x 4123 days/365 days/365 days = 135,000 won per annum 4123 days/365 days + 135,684 won per annum)] and the remaining principal and 50,000,000 won per annum as the plaintiff seeks from March 31, 2020 after the original copy of the payment order was served to the defendants, and Defendant B is obligated to pay the money from July 24, 200 to 20, respectively.

3. The Defendants’ assertion regarding the Defendants is not 24% per annum on October 30, 2013, but 6% per annum on the basis of the cash loan certificate No. 2 re-written between the Plaintiff and the Defendants.

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