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(영문) 수원지방법원 2016.10.26 2016가단509699
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 71,693,89 and KRW 70,804,414 among them from September 9, 2016.

Reasons

1. Facts of recognition;

A. On October 20, 2014, the Plaintiff entered into a credit transaction agreement with Defendant A, setting a loan of KRW 96 million, a loan period of KRW 60,000, a loan interest rate of KRW 13.5% per annum, and a delay interest rate of KRW 25.5% per annum, and Defendant B jointly and severally guaranteed Defendant A’s debt.

B. The Defendants lost the benefit of time on January 18, 2016, following the delay in the repayment of the principal and interest.

C. The Defendants’ principal and interest liability of the Defendants calculated as of September 8, 2016 to the Plaintiff is KRW 71,69,80,414, unpaid principal, KRW 886,407, and KRW 3,078, including unpaid interest, KRW 71,693,89.

[Ground of recognition] Facts without dispute, Gap 1-6's entries, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest of KRW 71,693,899 and the principal of KRW 70,804,414, whichever is the day following the above calculation base date, 25.5% per annum from September 9, 2016 to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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