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(영문) 서울동부지방법원 2016.09.07 2015가단107732
어음금
Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. The Plaintiff:

(a) Defendant D shall be KRW 345,000,000 and this shall apply.

Reasons

1. Determination as to the plaintiff's primary claim against defendant D, E, and F

A. As to the Plaintiff’s claim as follows, the Plaintiff asserted as the primary cause of claim against Defendant D, E, and F, the said Defendants are deemed to have led to confession under Article 150(1) and (3) of the Civil Procedure Act.

(1) The Plaintiff: (a) was a credit service provider registered for a credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”); (b) the interest rate of KRW 30,000 on March 11, 200; (c) the interest rate of KRW 75,00,000 on March 11, 209; and (d) the interest rate of KRW 42 per annum; (b) the interest rate of KRW 120,000 on August 30, 201 and KRW 80,000 on August 30, 201; and (c) the interest rate of KRW 25,00,000 on October 30, 201; and (d) the interest rate of KRW 30% per annum; and (e) the interest rate of KRW 45,000 on loans and delay damages rate of KRW 30% per annum; and (b) the Defendant’s joint and several debt.

The Plaintiff is a person who has been paid damages for delay up to July 30, 2012 with respect to each of the above loan obligations.

B. According to the above facts, Defendant D is the principal debtor of each of the above loan obligations, and Defendant D is jointly and severally liable to pay 345,00,000,000 won in total ( = 80,000,000 won = 75,000,000 won in total) and 25,000,000 won in total and the above 35,000,000 won in total from July 31, 2012 to the date of full payment, with the agreed delay damages calculated at the rate of 30% per annum from July 31, 2012 to the date of full payment; 320,000,000 won in total from July 31, 201 to April 1, 2014 to the date of full payment; 35,0000 won in each of the above loan obligations; 35,000,0000 per annum from the following day to the date of full payment;

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