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(영문) 서울중앙지방법원 2019.02.13 2018가합2979
대여금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 330,000,000 and KRW 300,000 among them, from December 31, 2018 to February 2019.

Reasons

1. Basic facts

A. On September 20, 2017, the Plaintiff: (a) paid KRW 300 million to Defendant B on March 30, 2018; and (b) paid KRW 4.5 million by March 30, 2018 (one point five percent per month); and (c) determined that the Plaintiff paid KRW 6 million (two percent per month) in arrears for at least three days.

Defendant C jointly and severally guaranteed the above loan obligations of Defendant C.

B. On January 1, 2018, the Plaintiff and the Defendants changed the said payment period into December 30, 2018, and the said interest amount to KRW 3 million (one percent per month) not later than the 30th day of each month, but at least three days in arrears (6 million won per month).

C. The Defendants paid interest on the part of January 30, 2018 to the Plaintiff and did not pay interest. The Defendants paid KRW 18 million in total, respectively, on May 30, 2018; June 30, 2018; August 30, 2018; August 30, 2018; September 30, 2018; October 30, 2018; and November 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. From February 2018, the Plaintiff’s assertion that the Defendants delayed the payment of interest, 24% per annum, which is overdue interest rate. As such, KRW 18 million, which the Defendants paid after May 30, 2018, was fully appropriated for the overdue interest rate of KRW 6 million from February 30, 2018 to April 2018.

Therefore, the Defendants, as of September 30, 2018, did not pay interest of KRW 36 million. As such, the Plaintiff claimed against the Defendants for the payment of overdue interest and delay damages calculated at the rate of 24% per annum from October 1, 2018 to the date of full payment of the principal amount of KRW 36 million and the principal amount of KRW 30 million.

B. Each amount paid after May 30, 2018 by the Defendants asserted by the Defendants should be appropriated to the existing interest obligations that became due as of the relevant payment date, and to the interest obligations of the relevant month which were larger than the interest obligations of the relevant month.

In addition, 12% per annum shall be applied to delay damages on principal.

3. Determination

A. The money paid after May 30, 2018 by the Defendants to determine whether to pay the amount of appropriation is:

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