logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.19 2014가합14187
차용금
Text

1. For the plaintiffs:

A. Defendant D’s KRW 45,523,527, respectively, and 18% per annum from January 1, 2010 to March 1, 2015.

Reasons

Around January 30, 2004, Defendant D borrowed KRW 150,00,00 from the Plaintiffs for business purposes for two months after the date of repayment. At the time, Defendant D was the representative director of F Co., Ltd. and Defendant E was the director of the same company, and Defendant D was unable to repay by the said date, and the Defendants did not pay the above KRW 150,000,000 to the Plaintiffs around October 26, 2005 (hereinafter “the first letter”). After that, Defendant D did not pay the Plaintiff KRW 54,00,000,00 to the Plaintiff; Defendant D did not pay the remaining principal of the loan to the Plaintiffs on October 31, 2009; Defendant D did not pay the Plaintiff KRW 96,00,000 to the Plaintiff; Defendant D did not pay each of the above KRW 30,000,000 to the Plaintiff by the said date; Defendant D did not pay the remaining amount to the Plaintiff by 31,2005.36.15.

According to the above facts of recognition, Defendant D is obligated to pay damages for delay calculated at each rate of 45,523,527 won (i.e., 136,570,583 won/3 won) and the rate of 18% per annum from January 1, 2010 to March 1, 2015, the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

In addition, according to Article 57 (1) of the Commercial Act, several persons are jointly and severally liable if they assume an obligation due to an act that is engaged in a commercial activity. Defendant E is jointly and severally liable with Defendant D, with the principal of the first agreement, less than KRW 54,00,000,000, which is appropriated as principal by the party.

arrow