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(영문) 부산지방법원 2018.01.09 2017가단318265
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 50,518,485 as well as KRW 48,914,498, among them, from April 14, 2017.

Reasons

1. Determination on the cause of the claim

A. ① On March 30, 2015, the Plaintiff loaned KRW 70,000 to Defendant A Co., Ltd. (hereinafter “Defendant A”) at interest rate of KRW 5.9% per annum, 24% per annum, 60 months during the loan period, 60 months in repayment method, and 70 million with equal repayment of principal and interest. ② On the same day, Defendant B provided joint and several guarantee to the Plaintiff with the maximum amount of the guaranteed debt amount of KRW 70,00,000 with respect to the Defendant A’s above loan obligation. ③ The Plaintiff delayed the payment of monthly payment from January 15, 2017. The Plaintiff notified Defendant A of the loss of interest under the period from January 13, 2017. ④ As of April 13, 2017, there is no dispute between the parties concerned.

B. According to the above facts, Defendant A is the principal debtor, and Defendant B is jointly and severally and jointly and severally liable to pay to the Plaintiff KRW 50,518,485 (= KRW 48,914,498,603,987) and the principal of the loan to KRW 48,914,498, the interest rate of delay damages per annum 24% per annum from April 14, 2017 to the date of full payment, and Defendant B is liable to pay the amount within the maximum limit of KRW 70,000,000,00.

2. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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