logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.06.21 2018가단125768
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 114,50,000 and KRW 100,000 among them, from January 2, 2017 to April 2019.

Reasons

1. The following facts are acknowledged as either of the parties' disputes or as a whole by considering the overall purport of the pleadings in each entry in Gap evidence 1 to 4:

A. On February 29, 2012, Defendant B, managing D, borrowed KRW 100 million from the Plaintiff (hereinafter “the instant loan”). On March 5, 2012, Defendant B agreed to pay the Plaintiff and the instant loan repayment term on March 1, 2016, with KRW 50,000 per month for two months after the borrowing of interest (6% per annum) and KRW 200,000 per month for two months after the borrowing of interest.

B. Around March 2016, Defendant B, the Plaintiff and the instant loan repayment period until December 31, 2016, agreed to delay the repayment period until December 31, 2016, reduce the interest amount to KRW 1 million per annum (12% per annum) and make installment payments from January 1, 2017 to KRW 10 million per annum.

C. On June 18, 2016, Defendant B prepared a return plan containing the details indicated in the preceding paragraph with the Plaintiff, and Defendant C, the director of the Educational Institute D, at the time, jointly and severally guaranteed the obligation to return the principal and interest of the instant loan to the Plaintiff.

Meanwhile, Defendant B failed to pay a total of KRW 17.5 million among the agreed interest on the instant loan from March 2012 to December 2, 2016, and thereafter, Defendant B paid KRW 1 million to the Plaintiff, around June 2017, KRW 100,000,000 around November 2018, and KRW 1 million on January 4, 2019 as interest.

2. According to the above facts, the defendants jointly and severally seek to the plaintiff 14,50,00 won in total (= interest of KRW 14,500,000 on the borrowed principal + interest of KRW 14,50,000,000] of the borrowed principal (= KRW 17,500,000 in - KRW 3,000 in - 00,000 in the borrowed principal) and among them, the deferred interest of KRW 1,00,000 in the borrowed principal after the due date of payment, from January 2, 2017 to April 22, 2019 of this case, after the due date of payment of the deferred agreement, until April 30, 2019, which is the final delivery date of the copy of the application for modifying the purport of the claim, Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

arrow