logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.08.23 2018가단21943
대여금 등
Text

1. The Plaintiff:

A. Defendant C’s KRW 2,066,942 as well as 5% per annum from December 23, 2016 to August 23, 2019.

Reasons

1. Basic facts

A. On December 28, 2015, the Plaintiff lent to Defendant B Co., Ltd. KRW 50 million and KRW 50 million on January 7, 2016, respectively, and Defendant B agreed on December 30, 2015 that the Plaintiff shall pay 2.5 million interest on the total amount of the above loans at KRW 100 million on the last day of each month.

B. On May 18, 2016, the Plaintiff loaned KRW 50 million to D Co., Ltd. as of August 17, 2016.

C. Defendant C’s above A and D against the Plaintiff.

Each loan obligation described in the subsection was jointly and severally guaranteed.

The Plaintiff was paid 1,6250,000 won in total on six occasions from the Defendant B from February 5, 2016 to July 15, 2016 as indicated in the relevant Schedule in attached Table 1, and the Plaintiff was paid 1-a-be.

If loans 100 million won as stated in the subsection are preferentially appropriated for the repayment of interest calculated at the rate of 25% per annum from January 7, 2016 to 100 million won, the above 1-A as of June 30, 2019.

The principal and interest of the loan stated in paragraph (1) remains a total of KRW 168,023,348 (the principal and interest amount of KRW 96,580,350).

E. The Plaintiff received reimbursement of KRW 48.5 million in total from D six times from September 2, 2016 to December 22, 2016, as indicated in the relevant attached Table 1.

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The above 1-A

According to the facts of the above recognition of the claim for the loan stated in the port, the defendants shall jointly and severally do so to the plaintiff unless there are other special circumstances.

Of the contractual interest rates from July 1, 2019 to the date of full payment, the interest or delay damages calculated by the rate of 25% per annum, which is the maximum interest rate under the Interest Limitation Act, shall be paid for the total amount of 168,023,348 won and the principal amount of 96,580,350 won among them.

B. The above 1-B

Plaintiff 1, the Plaintiff, as described in the subsection, 1-B.

Under the premise that there was an agreement on the interest calculated at the rate of 2.5% per month with respect to the loans described in the paragraph, the foregoing 1-e in the relevant table in attached Table 1.

From May 18, 2016 to the above loan.

arrow