logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.02.02 2017가단221550
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 66,823,577 and KRW 65,928,250 among them, from December 27, 2017.

Reasons

1. The following facts can be acknowledged in light of the overall purport of Gap evidence Nos. 1 and 5 as to the cause of the claim.

On March 31, 2016, the Plaintiff lent KRW 9.9% per annum, interest rate of KRW 105,000,000 per annum, 25% per annum, repayment period of 48 months, repayment method of principal and interest to Defendant A under the conditions of equal repayment of principal and interest (hereinafter “instant loan agreement”), and Defendant B jointly and severally guaranteed the instant loan obligations.

B. From March 20, 2017, Defendant A, a corporation, in arrears, lost the benefit under the instant loan agreement due to the delay in the performance of the said loan obligation.

C. The Plaintiff intended to dispose of the vehicle provided as security by Defendant A, which was appropriated for the partial repayment of the obligation of the instant loan. As of December 26, 2017, the balance of the loan unpaid by Defendant A as of December 26, 2017 is the principal amounting to KRW 65,928,250, overdue interest amounting to KRW 895,327.

2. In conclusion, the Defendants are jointly and severally liable to pay to the Plaintiff 6,823,577 won in total ( = 65,928,250 won) and 65,928,250 won in principal, which is 65,928,250 won as of the base date for calculation of interest, the amount calculated by the rate of 25% per annum under the agreement from December 27, 2017 to the date of full payment.

arrow