(영문) 서울중앙지방법원 2015.07.01 2014나31706

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(영문) 서울중앙지방법원 2015.07.01 2014나31706

대여금

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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Determination on the cause of the claim

A. According to the evidence No. 2-1 and No. 2-2 of the facts of recognition, the Plaintiff loaned to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at the rate of KRW 30% per annum (2.5% per annum) on December 20, 2012, and the due date of reimbursement on July 21, 2013. ② The agreement was set at the rate of KRW 30% per annum (2.5% per annum) on April 25, 2013, and the due date of reimbursement on October 21, 2013. At each of the above loans, the Plaintiff may recognize the fact that the Defendant C jointly and severally guaranteed it.

B. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 70 million (=20 million) and damages for delay.

However, on January 21, 2013, 800,000 won from Defendant C, the same year

2. 20.800,000 won, and the same year.

3. 20.80,000 won, and the same year.

4. 22.80,000 won, and the same year.

5. 20.2,300,000 won, and the same year.

6. 2,300,000 won, and the same year.

8. 10.2,300,000 won, and the same year;

8. The fact that each person received KRW 20,100,000 as of December 20, 200 is the person who has received each of the above payments. In accordance with the order of statutory appropriation for performance, if any balance remains after appropriating each interest on each of the above loans based on the payment date, it shall be appropriated for the repayment of principal, but if it is appropriated first for the repayment of principal on December 20, 2012, when the payment date first comes due, it is clear that the balance of the principal of the loan bonds as of December 20, 2012, as indicated in the attached Table of appropriation for performance, is KRW 16,41,117, and the balance of the principal of the loan bonds as of April 25, 2013, is calculated as KRW 50,000,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated at the rate of 30% per annum from August 21, 2013 to the day of full payment, which is the day following the final repayment date, to the Plaintiff (i.e., KRW 16,411,117, KRW 50,000) and the agreement.

2. Determination as to Defendant C’s assertion

A. Defendant C’s assertion

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