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(영문) 대전지방법원 2016.12.15 2016가단218840
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 138,358,540 and KRW 135,191,752.

Reasons

1. Indication of claim;

A. On October 28, 2015, the Plaintiff loaned a loan of KRW 148 million to Defendant A, the loan period of KRW 60,000, the interest rate of the loan was 12.9% per annum, and the interest rate in arrears was 25% per annum. Defendant B guaranteed the Defendant A’s obligation to the Plaintiff.

B. Defendant A lost the benefit of time on August 23, 2016 due to Defendant A’s failure to perform his/her duty to repay the principal and interest under the above loan agreement with the Plaintiff.

The remaining principal and interest of a loan under the loan agreement as of August 23, 2016 is KRW 138,358,540 (=interest of KRW 135,191,752, interest of KRW 3,131,782, interest of KRW 35,006).

C. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the remaining principal and interest of KRW 138,358,540 and the principal of the loan to KRW 135,191,752 at the rate of 25% per annum, which is the interest rate for delay from August 24, 2016 to the date of full payment.

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.

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