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(영문) 서울중앙지방법원 2020.07.10 2019나34748
대여금
Text

1. Of the judgment of the court of first instance, as to KRW 108,643,956, and KRW 365,775, jointly and severally with C, to the Plaintiff.

Reasons

1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 14, 18, and 19 (including additional numbers):

On December 18, 2009, A Co., Ltd. (hereinafter “instant A”) lent KRW 440,000,000 to the Defendant on December 18, 2010 due date for reimbursement under joint and several sureties’s joint and several sureties’s guarantee (Limit 616,00,000,000, limited collateral guarantee) and water guarantee, respectively, at the rate of 10.5% per annum, and at the rate of delay delay rate of 20.5% per annum. After that agreement between the parties concerned, the repayment period, the agreement rate, and delay delay rate were modified as listed below, respectively.

(hereinafter collectively referred to as “instant loan agreement.” On the other hand, the first agreement on December 18, 2009 on December 18, 201 at the time of repayment rate (%) interest rate (%) interest rate for late payment (%) interest rate, late December 20, 209, the first agreement on December 18, 201, extended 20.5 1st December 5, 2010 and December 18, 2010, the second extended 21 December 18, 2011, June 118, 2011, the second extended 213th extended extended on December 20, 2011 and December 20, 2011, the interest rate for late payment should be lost to the Plaintiff, and under the instant loan agreement, the interest rate for late payment should be separately paid to the Plaintiff by the due date prior to the agreed interest rate.

B. The Defendant paid the agreed interest under the instant loan agreement, including three times of maturity extension, by April 19, 2012. However, since April 20, 2012, the Defendant failed to pay the agreed interest on the remaining loans of KRW 439,50,00. Accordingly, the agreed interest on KRW 8,264,295 (i) the agreed interest rate of KRW 8,189,589, KRW 706, and evidence No. 19 (i) the agreed interest on KRW 439,50,000) was calculated as the total amount of KRW 8,264,295 (i) the agreed interest on KRW 8,189,589, KRW 706, and KRW 19-1). From June 21, 2012, the remaining loans of KRW 439,500,000 were calculated as the agreed interest rate of KRW 23% per annum.

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