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(영문) 부산지방법원 2016.01.21 2015가합40565
대여금
Text

1. The Defendant’s KRW 102,128,66 of the Plaintiff, and KRW 5% per annum from September 11, 2010 to January 21, 2016, as well as the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 4, the plaintiff lent 400,000,000 won to Mame Co., Ltd. for the period until February 1, 2008, and the defendant and C guaranteed the obligation to repay the above loan. On February 2, 2005, the plaintiff completed the registration of transfer of chonsegwon with the lease amounting to 300,000,000 won for all 3,4,50,000 won among the buildings listed in the separate sheet, which are owned by C as collateral for the above loan claim, on September 10, 2010, the plaintiff received 235,843,936 won as the lease right holder in Busan District Court D Real Estate Auction case as to the building listed in the separate sheet, and the plaintiff received 10,000 won as the principal and the principal from Maur Co., Ltd. prior to the above dividends.

Meanwhile, it is clear in calculating the facts that the damages for delay calculated by the rate of 5% under the Civil Act from March 1, 2008 to September 10, 2010 (=300,000,000 x 5% x 924/365 days x less than the original unit) from the date following the due date for payment of the remainder of the loans 300,000,000 won to the date following the due date for payment of the principal amount of the loans 37,972,60,000 won (=30,000,000 won x 337,972,60,000 won x 337,972,602 won in total and damages for delay as above 335,843,936 won in order of principal amount and damages for delay x 102,128,666 won [30,000 won].

Therefore, the Defendant, a guarantor, is obligated to pay to the Plaintiff 102,128,66 won and 5% interest per annum as stipulated by the Civil Act from September 11, 2010 to September 21, 2016, and 15% interest per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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