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(영문) 서울동부지방법원 2017.09.01 2016나6356
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

On February 27, 2013, the Plaintiff: (a) on February 27, 2013, lent KRW 140,000,000 to Defendant B for interest payment of KRW 2,10,000 per month; and (b) on delay in payment of interest, the Plaintiff lost the benefit of time.

On February 27, 2016, Defendant C and D jointly and severally guaranteed Defendant B’s above loan obligation and set the due date on February 27, 2017.

Defendant B paid interest on the above loan obligation by March 27, 2016, and thereafter, Defendant B did not pay interest.

On March 11, 2016, the Plaintiff lent KRW 15,000,000 to Defendant B, and KRW 5,000,000 among them set the respective due dates on March 31, 2016, and Defendant D jointly and severally guaranteed Defendant B’s above loan obligation.

Defendant B repaid KRW 3,00,000 on March 31, 2016.

[Grounds for recognition] The facts without dispute, Gap 1, 3, 4 evidence, and the purport of the entire pleadings are as follows: (a) The defendant Eul is the principal debtor, and (b) the defendant Eul is jointly and severally liable to pay the above 140,000,000 won as joint and several surety, and damages for delay calculated at the rate of 2,10,000 won per month from March 27, 2016 to the date of full payment. (c) The defendant Eul is the principal debtor, and the defendant Eul is jointly and severally liable to pay the above 12,00,000,000 won as joint and several surety (i.e., 15,00,000 won - 3,000,000 won) and damages for delay calculated at the rate of 15% per annum from October 30, 2016 to the date of full payment.

The Plaintiff and Defendant B have made a monetary transaction over several times from February 28, 2010 to the filing of the instant lawsuit.

The portion of the transaction before February 19, 2013 and the loan 15,000,000 won as of March 11, 2016 is deemed to have no interest agreement, and thus, is calculated at the statutory interest rate of 5% per annum. The loan 140,000,000 won as of February 27, 2013 is appropriated by calculating the interest rate of 2,10,000 won per month. Defendant B is deemed to have an interest rate of 2,10,000 won.

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