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(영문) 서울중앙지방법원 2017.04.28 2016가단127747
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 158,969,864 and KRW 90,832,927 among them.

Reasons

1. Basic facts

A. On September 27, 2012, Defendant A obtained a loan of KRW 89,00,000 from the Plaintiff from the Plaintiff until September 27, 2016, with an overdue interest rate of KRW 24% per annum (hereinafter “instant loan”). Defendant B jointly and severally guaranteed Defendant A’s obligation to the Plaintiff.

B. After that, Defendant A lost the benefit of time in violation of the agreement on equal installment repayment of the principal and interest of the instant loan, and the sum of the principal and interest in arrears as of October 21, 2016 as of October 21, 2016 is KRW 158,969,864 (i.e., the principal and interest in arrears plus KRW 90,832,927, 68,136,937).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 158,969,864 won and 90,832,927 won among them, delay damages calculated by the rate of 24% per annum, which is the overdue interest rate from October 22, 2016 to the date of full payment.

The Defendants asserted that the above vehicle was not disposed of in KRW 43,500,000 among the amount claimed by the Plaintiff, since they were required to purchase the vehicle and received the instant loan from the Plaintiff, but sold the vehicle purchased from the Plaintiff due to delay in repayment of principal and interest, and requested the sale of the vehicle purchased from C to repay part of the loan of this case, and then delivered the vehicle. However, C did not dispose of the above vehicle in KRW 43,50,000.

On the other hand, the fact that the plaintiff introduced the above C to dispose of the vehicle purchased by the Defendants and then delivered the vehicle to C does not dispute between the parties, but the above C actually disposed of the above vehicle in KRW 43,500,000.

There is no evidence to acknowledge that the Defendants paid 43,500,000 won to the Plaintiff. Moreover, the said C is for the convenience of raising funds to repay even some of the instant loans.

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