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Reasons
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(영문) 전주지방법원 2017.06.23 2016가합4777
대여금
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1. The Defendants jointly and severally pay to the Plaintiff KRW 323,607,522 as well as KRW 301,220,000, respectively, from January 7, 2016.

Reasons

In fact, the Plaintiff and Defendant B, on April 11, 2014, concluded a loan agreement with Defendant B on the following terms and conditions after settling accounts for the existing loan obligations, while Defendant C and D guaranteed the above loan obligations owed by Defendant B to the Plaintiff.

The loan certificate

1. Principal: 324,00,000 won (amounting to KRW 324,00,000);

2. Date of repayment: December 31, 2015;

3. Interest: 24% per annum;

4. Time and method of paying interest: Deposit in passbooks as of the last day of each month;

5. Loss of benefit of time: An obligor shall lose the benefit of time if payment of interest is overdue even once, and an obligor shall, if a creditor requests the principal and interest even before the due date for payment, decide to repay the interest without any objection.

(Provided, That it shall be paid in one copy in the month of July, and a normal payment in two copies from August to February) a debtor borrowed the above amount without a mold under the above conditions, and a joint and several surety will be a joint and several surety for the debtor to perform the above obligation.

On April 11, 2014, 2014: A joint and several surety B: D obligee A and D have no dispute about the ground for recognition, entry of A’s evidence No. 1, and the purport of the entire pleadings, and the purport of the Plaintiff’s assertion in the purport of the entire pleadings, the Plaintiff lent KRW 324,00,000 to Defendant B through a quasi-loan loan agreement concluded on April 11, 2014, and Defendant C and D jointly and severally guaranteed the above loan obligation.

Meanwhile, the Plaintiff received KRW 32,50,000 from Defendant B on July 26, 2014. However, it shall be appropriated by means of statutory appropriation for payment, but interest KRW 9,720,00 accrued from May 2014 to July 2014 for the convenience of calculation (i.e., KRW 324,00,000 x 1 per month x 3 months) and KRW 22,780,000 out of the principal (i.e., KRW 32,50,000 - KRW 9,720,000) and damages for delay from August 1, 2014.

Therefore, the Defendants jointly and severally pay to the Plaintiff KRW 301,220,000 in the balance of the principal of the above loan and damages for delay from August 1, 2014.

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