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(영문) 전주지방법원 2019.06.13 2018가단30988
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 55,903,296 as well as the interest rate from April 3, 2018 to the date of full payment.

Reasons

1. On November 19, 2015, the gist of the Plaintiff’s assertion: (a) on November 19, 2015, the Plaintiff leased KRW 100 million to the Defendant Limited Company B (hereinafter “Defendant Company”) at 49.3% per annum; and (b) the Defendant C is a joint and several surety of

The Defendant Company paid a total of KRW 100 million to the Plaintiff ten times from December 31, 2016 to April 2, 2018, as indicated in the “the details of the payment of loans and partial repayment (Appropriation)” as shown in the attached Table, and paid a total of KRW 25% per annum from April 31, 2016 to April 2, 2018. The Defendant Company still has an obligation to pay the Plaintiff damages for delay calculated at the rate of KRW 58,930,114 per annum from April 3, 2018 to the date of full payment.

2. As the Plaintiff alleged in the foregoing determination as to the cause of the claim, the Plaintiff loaned KRW 100 million to the Defendant Company on November 19, 2015, the joint and several surety by the Defendant C, and the fact that the Defendant Company paid KRW 100 million to the Plaintiff on ten occasions that there is no particular dispute between the parties concerned. Thus, if the Defendant Company’s repayment is made in accordance with the attached Form in the order of the principal (interest equivalent to 25% per annum, which is the highest interest rate under the Interest Limitation Act at the time of November 19, 2015, within the scope of 49.3% per annum, the interest rate per annum) and the principal amount as at the time of November 19, 2015, the Defendant Company’s repayment was made in excess of the principal amount of KRW 55,903,296 as at April 2, 2018, the Defendants jointly and severally liable the Plaintiff to pay damages for delay calculated by the rate from April 3, 2018.

3. The defendant company's assertion that the defendant company paid KRW 100 million to the principal upon the plaintiff's preferential repayment request, so the defendant company's repayment amount to KRW 100 million should be appropriated for the repayment of principal, but there is no evidence to acknowledge this. Thus, the above argument by the defendant company is rejected.

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