logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.14 2017가단5044325
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 123,00,000 and 25% per annum from October 7, 2017 to the date of full payment.

Reasons

1. Comprehensively taking into account the respective descriptions of Gap evidence Nos. 1 through 4 (including the number of branch numbers) as to the cause of the claim and the whole purport of the pleadings, a credit transaction agreement between the plaintiff and the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") on January 11, 2016, which provides the land provided by the defendant Co., Ltd. to the defendant Co., Ltd. as a collateral security under the defendant Co., Ltd.'s representative director's joint and several suretys of the defendant Co., Ltd. (hereinafter "the defendant Co., Ltd.") for a transaction (hereinafter "the loan agreement of this case") within a limit of 3 billion won from the plaintiff, the repayment period is 12 months from the date of individual loan execution, and the overdue interest rate is 25% per annum. Under the loan agreement of this case, the plaintiff can recognize the fact that the defendant Co., Ltd. has executed individual loans of the defendant Co., Ltd. on Oct. 6, 2016.

According to the above facts, as long as the repayment period stipulated in the loan contract of this case has expired, the defendant company is the principal debtor, barring any special circumstance, and the defendant B is jointly and severally liable to pay the overdue interest calculated at the rate of 25% per annum from October 7, 2017 to the date of full payment, which is the date following the expiration of the repayment period.

(2) The court below held that the plaintiff's claim of this case is reasonable and acceptable, and it is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

arrow