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(영문) 서울서부지방법원 2019.11.07 2019가합30433
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 81,897,960 and KRW 80 million among them from January 24, 2019.

Reasons

1. Facts of recognition;

A. On May 2, 2016, the Plaintiff loaned KRW 100,000 to Defendant B at the maturity of KRW 6.9% per annum on May 1, 2017 and at the rate of 24% per annum on delay damages (hereinafter “instant loan”).

(2) After May 2, 2017, the Plaintiff and Defendant B extended the repayment period of the instant loan to May 1, 2018. (2) Although Defendant B had expired on May 1, 2018, the Plaintiff and the Defendants did not pay the instant loan and interest thereon. The Plaintiff and the Defendants extended the repayment period of the principal of the instant loan until December 31, 2018, and the interest and interest rate on delay rate shall be 6.9% per annum per annum and 24% per annum per annum as in the initial contract. (2) The Defendant B extended the repayment period of the instant loan to KRW 20 million as in September 2, 2018, and KRW 30 million as in the instant loan, and KRW 20 million as in the instant loan, KRW 20 million as in the middle of October 1, 2018, KRW 200,000 as in the remainder of the loan and KRW 30 million as in the instant joint and several repayment period.

(2) On September 28, 2018, Defendant B paid KRW 20 million out of the above loans. (2) On April 22, 2016, the Plaintiff entered into a franchise agreement with Defendant C to impose the late payment charge of KRW 1870,00 per annum (including value-added tax) for at least one month (hereinafter “instant franchise agreement”); and Defendant C operated the instant franchise agreement to impose the late payment charge of KRW 12% per annum pursuant to the instant franchise agreement.

2) Defendant C did not pay royalties from July 2017, but the Plaintiff notified Defendant C of the performance of the obligation to pay royalties around January 8, 2018 and around March 28, 2018, and the time of nonperformance of the obligation.

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