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(영문) 청주지방법원 2020.02.14 2019가단24285
대여금
Text

1. The Plaintiff:

A. Defendant C shall be 12% per annum from May 10, 2019 to the date of complete payment with respect to KRW 35 million and its amount.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. On October 12, 2018, the Plaintiff loaned KRW 35 million to Defendant B at the interest rate of 20% per annum, and the due date of repayment on November 25, 2018. On the same day, Defendant C entered into a joint and several guarantee agreement with Defendant B on the same day.

[Ground for Recognition] - The fact that there is no dispute over Defendant B, entry of Party A’s evidence No. 1, purport of the whole pleadings - The confession against Defendant C (Article 150(1) and (3) of the Civil Procedure Act)

B. According to the above findings of determination, barring any special circumstance, the Defendants jointly and severally seek the Plaintiff with respect to the loan amount of KRW 35 million and its payment. Defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum, which is the agreed interest rate from May 10, 2019 to August 29, 2019, the delivery date of a copy of the complaint of this case; damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment; Defendant C is liable to pay damages for delay calculated at the rate of 12% per annum from May 2, 2019 to the date of complete payment, which is the delivery date of a copy of the complaint of this case.

2. Determination as to Defendant B’s assertion

A. Defendant B’s assertion that Defendant B met the Plaintiff KRW 6,869,000, totaling seven times from October 15, 2018 to April 17, 2019, as in the calculation table of the amount appropriated for the attached sheet.

B. In full view of the purport of evidence Nos. 2 and 1 through 3 as well as the purport of the entire pleadings, Defendant B’s repayment of KRW 6,869,00 in total, as alleged above, can be acknowledged as having been made by the Plaintiff. Since the above repayment is insufficient to extinguish the entire obligation of the borrowed money, it is appropriated as in the calculation sheet of the amount appropriated when appropriated for repayment in the order of repayment in accordance with statutory appropriation for payment according to Article 479 of the Civil Act, the delay damages for the borrowed money, and the principal amount. Ultimately, Defendant B’s repayment of the borrowed money remains at KRW 31,601,867 in principal and from April 18, 2019.

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