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(영문) 광주지방법원 2015.01.16 2014가합7126
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 52,371,440 and KRW 50,475,979 among them. From December 24, 2014.

Reasons

1. Facts of recognition;

A. On November 8, 2013, the Plaintiff entered into an installment financing transaction agreement with Defendant A with the following content.

1) Loan amount: For the purpose of 115,00,000 won: Interest rate of 14.9%) and interest rate of 14.9% on Nov. 25, 2018: Interest rate of 60% on equal installments (60 months) and interest payment period: 26.9% on the above loan; (b) the basic terms and conditions of credit transaction with the credit financial company apply to the above loan. (c) According to the credit transaction basic terms and conditions of the credit financial company, the debtor is liable to pay the principal and interest on installments or installment repayment at least two consecutive occasions (Article 8(2)2); (c) the defendant B and C arbitrarily filed a lawsuit against the defendant under the above agreement on Nov. 25, 2014; and (d) the plaintiff paid the principal and interest on July 25, 2014; and (e) the plaintiff paid the principal and interest on May 24, 2015, respectively.

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the principal of KRW 52,371,440 (=interest of KRW 50,475,979, KRW 1,895,461) and damages for delay calculated at the rate of KRW 50,475,979, whichever occurred until December 23, 2014, calculated at the rate of KRW 26.9% per annum from December 24, 2014 to the date of full payment.

3. The plaintiff's claim for conclusion is with merit, and it is so decided as per Disposition.

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