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(영문) 서울중앙지방법원 2017.09.27 2016가단107613
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 172,00,000 and the Defendants are seven (7) per annum from December 1, 2014 to September 27, 2017.

Reasons

1. Facts of recognition;

A. On January 19, 2004, the Plaintiff loaned money of KRW 55,00,000 to Defendant B, who is engaged in credit business, 1% of the monthly interest rate, and 1% of the monthly interest rate, and if the payment of interest is not made on the date of payment of interest, the Plaintiff lost the benefit of the period, and if the payment of interest is not made on the date of payment of interest for more than one month, the Plaintiff may commence the legal binding period, and made a loan to Defendant B

B. As above, Defendant C borrowed money from the Plaintiff and jointly guaranteed each of them.

C. On February 9, 2007, the Plaintiff received KRW 150,000,000 from Defendant B, and the loan principal remaining after appropriating it to the principal and interest of the loan is KRW 622,00,000.

On December 9, 2012, the Plaintiff estimated the interest rate of the Defendant B and the above loans from 1% per month to 0.7% per month, and the interest in partial arrears was the hot springing period.

E. From October 23, 2013 to April 3, 2014, Defendant B repaid KRW 450,000,000 of the loan principal as KRW 622,00,000 on several occasions, and Defendant B paid all the interest agreed upon up to November 2014, but did not pay the interest accrued from December 2014.

F. From August 31, 2015, the Plaintiff urged Defendant B to pay the remaining loans of KRW 172,000,000 (=622,000,000-450,000), and interest thereon.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 24, Eul evidence 1, Eul evidence 3 to 7 (which include tentative numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, Defendant B is a borrower, barring any special circumstance, and Defendant C is jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 172,00,000 and interest and damages for delay.

B. The Defendants’ defense of repayment and the Defendants’ determination as to such defense are based on the Defendant B’s bank account. Defendant B’s loan amounting to KRW 100,000,000, out of the loan to the Plaintiff on February 14, 2007.

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