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(영문) 서울동부지방법원 2016.12.20 2016가단10187
대여금
Text

1. The Defendant’s KRW 34,246,052 as well as the Plaintiff’s KRW 25% per annum from November 13, 2014 to February 11, 2016.

Reasons

1. Basic facts

A. On November 2, 2012, the Plaintiff loaned KRW 40 million to C with interest rate of KRW 2.5% per month, KRW 30% per annum on the principal and interest, and the due date for payment on May 1, 2013 (hereinafter “instant loan”).

B. On May 20, 2013, the Defendant repaid KRW 5 million to the Plaintiff the principal of the instant loan on behalf of C on behalf of C.

C. On June 7, 2013, the Defendant prepared a letter to the Plaintiff on June 7, 2013 (hereinafter “instant letter”) stating that the principal remaining after partial repayment and the interest obligation of 30% per annum on the debt of the instant loan shall be jointly and severally guaranteed (hereinafter “instant letter”).

The Defendant repaid to the Plaintiff the money indicated in the “payment date” column in the attached Table of the annexed Table of the Appropriation for Performance, as of each day.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, the purport of whole pleadings.

2. According to the fact that the Defendant’s joint and several liability incurred, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 30% per annum on May 20, 2013, the principal of the instant loan and the interest accrued or delay damages calculated by the rate of 30%

As to this, the defendant prepared the letter of this case by coercion and intimidation of the plaintiff, the letter of this case is invalid, but there is no evidence to acknowledge the plaintiff's coercion or intimidation. Thus, the defendant's assertion is without merit.

3. The scope of the defendant's joint and several liability

A. The Plaintiff asserted that both the amount repaid by the Defendant as indicated in the “amount of repayment” column of the attached Table of Appropriation of Claim was appropriated for the interest on the instant loan, and sought payment of principal KRW 35 million and interest or delay damages after November 12, 2014 to the Defendant.

As above, the defendant asserts that all payments made by the defendant have been appropriated for the repayment of principal.

B. We examine the judgment, and the Defendant’s repayment amount is less than the total sum of the principal and interest of the instant loan, and the Plaintiff.

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