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(영문) 서울중앙지방법원 2020.06.24 2019가합540652
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 813,804,183 and the interest rate thereon from October 1, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that registered P2P-linked Credit Business to the Financial Supervisory Service in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. On September 22, 2017, the Plaintiff loaned KRW 700,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and KRW 600,000,000 as of January 22, 2018, and KRW 600,000 as of January 25, 2018, respectively, the repayment period was set as the due date. The interest rate was set at 18% per annum, and the overdue interest rate was set at 25% per annum.

Defendant C has jointly and severally guaranteed the principal and interest of the loan.

C. Until September 30, 2019, Defendant Company paid to the Plaintiff the agreed interest of KRW 486,195,817 among the above loan principal amounting to KRW 1,300,000,000, and up to that point.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 6 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. According to the above facts, the defendants are jointly and severally liable to pay the remaining principal and agreed overdue interest.

As to this, the defendant company asserts that the plaintiff transferred the principal and interest of the above loan to a third party, and the defendant company transferred the right to provide the above loan to the plaintiff with respect to Goyang-gu D and 24 parcels (hereinafter "the land in this case") to the third party in order to secure the above obligation, the defendant company did not have a duty to pay the above loan principal and interest to the plaintiff.

According to the evidence evidence and the whole purport of the argument as to the land in this case, E, the owner of the land in this case, completed the registration of creation of a neighboring mortgage with respect to the land in this case to the Defendant Company, and the Defendant Company, on October 19, 2017, completed the registration of establishment of a right to collateral security with the maximum debt amount of KRW 2,550,000,000 with respect to the above right to collateral security in order to guarantee the Plaintiff’s obligation for the principal and interest of the loan under each of the lending agreements in this case. The Plaintiff received 400,000,000 won from E and E’s obligor F until September 30, 2019, and received them as the principal and interest of the loan.

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