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(영문) 서울남부지방법원 2020.01.09 2019가단11955
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 75,00,000 won and the interest thereon from April 16, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 16, 2018, the Plaintiff loaned KRW 75,000,00 to Defendant C at the maturity rate of KRW 1.8% per month and April 15, 2020.

Defendant C agreed to pay the loan immediately to the Plaintiff even before the due date, if the interest is overdue at least three times or if there occurs a reason such as seizure of the secured real estate.

Defendant B jointly and severally guaranteed Defendant C’s above loan obligation.

B. On November 15, 2018, Defendant C entered into a mortgage agreement of KRW 100,000,000 between the Plaintiff and the maximum debt amount, and completed the registration of establishment of a mortgage on the same day.

However, on March 27, 2019, the provisional attachment of the land E was completed as the main district court of Chuncheon on March 27, 2019 as 201Kadan161.

C. The Defendants did not pay the interest on the above loan once.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, and 9, the purport of the whole pleadings

2. According to the above facts of determination, the period of repayment of the above borrowed loan debt on April 15, 2020, however, the Defendants did not pay interest three times or more, and the Defendants lost its interest due to the occurrence of reasons such as seizure of the secured real estate.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages at the rate of 21.6% per annum from April 16, 2019 to the date of full payment, as the Plaintiff seeks.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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