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(영문) 의정부지방법원고양지원 2015.07.23 2015가단77093
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 258,674,071 and KRW 123,463,952 from October 22, 2014.

Reasons

According to the purport of Gap evidence Nos. 1 through 3 and the whole pleadings, around September 7, 201, defendant A loaned KRW 290,00,000 from the plaintiff at a fixed interest rate of 8.10% per annum, 22% per annum, and due date of repayment on September 7, 2014. Defendant B guaranteed the above loans owed by the plaintiff to the plaintiff within the limit of KRW 37,00,000,000. Since the defendants failed to repay the above loans, the plaintiff's exercise of security right and made payment in order of expenses, interest, principal, and the above loans owed to the defendants by the plaintiff around October 22, 2014. The above loans owed by the plaintiff can be acknowledged as remainder of the balance of the loans extended by the plaintiff to the plaintiff within the limit of KRW 37,00,000,000,000 per annum and KRW 164,114,886,014.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the said KRW 258,674,071 as well as the principal KRW 123,463,952 as the interest rate of KRW 22% per annum from October 22, 2014 to the date of full payment. Thus, the Plaintiff’s claim against the Defendants is with merit, and it is so decided as per Disposition.

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