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(영문) 서울중앙지방법원 2015.11.30 2015가단55425
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 129,180,684 and KRW 123,82,558, respectively, from October 31, 2014.

Reasons

1. Basic facts

A. On August 19, 2013, the Plaintiff lent KRW 85,000,00 to Defendant A by means of equal installment repayment of the principal and interest each month for 48 months, and the repayment is delayed, the Plaintiff shall lose the benefit of time, and the interest rate shall be 14.8% per annum, and the interest rate in arrears shall be 25% per annum.

The above loan agreement has the signature and seal of Defendant B in the joint and several sureties column.

(hereinafter “instant first loan contract”). (b)

On August 29, 2013, the Plaintiff lent KRW 66,00,000 to Defendant A by way of equal installment repayment of the principal and interest each month for 60 months, but the repayment is delayed, then the Plaintiff would lose the benefit of time. The interest rate was 11.5% per annum, and the overdue interest rate was 25% per annum.

The above loan agreement has the signature and seal of Defendant B in the joint and several sureties column.

(C) In combination with the instant first loan contract, each of the instant loans contract is deemed to be “each of the instant loans.”

Defendant A lost the benefit of time due to Defendant A’s failure to repay loans under each of the instant loan agreements, and the Plaintiff notified the termination of the contract on September 16, 2014.

As of October 30, 2014, Defendant A’s obligations amount to KRW 129,180,684 (one hundred and twenty-three,82,58 won in total as the principal and interest of the delayed).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Defendant A obtained the above loans from the Plaintiff and Defendant B jointly and severally guaranteed them. The Defendants are obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum from October 31, 2014 to the date of full payment, with respect to KRW 129,180,684 and KRW 123,82,558 among them.

B. Defendant B did not provide joint and several sureties with a joint and several sureties when concluding each of the instant loan agreements, and Defendant B provided a license guarantee in order for Defendant B to purchase a vehicle to be carried out by the owner of the vehicle at the time, and prepared the seal and related documents.

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