logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.01.14 2015가단73480
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,238,740,782 and KRW 332,468,663 among them.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the plaintiff applied for an auction of real estate rent of KRW 1,20,00,000 to defendant A on February 9, 2011; the annual interest rate of KRW 10,000; the interest rate of delayed interest rate of KRW 23 per annum (11,00 per annum up to three months; 12,00 per annum up to six months; and 13% per annum if the annual interest rate exceeds six months). The defendant B, C, and D jointly and severally guaranteed the above loans by defendant A; the defendants delayed repayment of the above loans; the plaintiff applied for an auction of real estate rent of KRW 868,135,20 as dividends on April 15, 201; and the interest rate of the above loans of KRW 23,00 per annum; and the amount of delayed interest rate of the above loans against the defendants may be recognized as 136,2386,296,386.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay damages calculated at the rate of 23% per annum from February 4, 2015 to the date of full payment of the principal amount of KRW 1,238,740,782 and KRW 332,468,663.

As to this, the defendants asserted to the effect that there is a problem in the auction procedure of the above real estate, such as erroneous calculation of the auction price, but this seems to have to be different from that of the above auction procedure. Therefore, the defendant's above assertion is not accepted.

If so, the plaintiff's claim shall be accepted for all reasons, and it is so decided as per Disposition.

arrow