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(영문) 울산지방법원 2017.03.30 2016가단26425
대여금
Text

1. The Defendants are jointly and severally 80,700,000 won and 25% per annum from October 11, 2012 to the date of full payment.

Reasons

On October 10, 2012, the Plaintiff agreed to lend KRW 100 million to Defendant B by setting the interest rate of KRW 36% per annum, maturity on April 10, 2013, and Defendant C’s joint and several debt of Defendant B on the same day, and the Plaintiff paid KRW 80,70,000 after deducting advance interest, etc. from the loan amount of KRW 100,000 on the same day to Defendant B may be recognized either as a dispute between the parties or as a whole in the statement in subparagraph 1.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the above KRW 80.7 million and the damages for delay calculated by the rate of 25% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, within the scope of the agreed interest rate from October 11, 2012 to the date of full payment, to the Plaintiff, as the lease of the said KRW 80.7 million, barring any special circumstances.

As to this, Defendant B asserts that Defendant C paid part of the interest on the above loan to the Plaintiff.

However, there is no evidence to acknowledge the above fact of repayment, and the defendant B's above assertion is not reasonable.

Therefore, the plaintiff's claim against the defendants is legitimate, and all of them are accepted, and it is so decided as per Disposition.

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