logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2019.02.22 2018가합1165
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,500,000,00 and the interest rate from November 5, 2018 to the date of full payment.

Reasons

1. On May 15, 2018, the Plaintiff entered into a credit transaction agreement with Defendant B on August 15, 2018, which stipulates 1.5 billion won as the due date (the maturity), interest rate of 22% per annum, and 2.4% per annum per annum. On the same day, the Plaintiff leased 1.5 billion won to Defendant B.

Defendant C has jointly and severally guaranteed all obligations, such as the principal of the loan.

Meanwhile, the Plaintiff extended the maturity of the above loan with Defendant B on September 23, 2018, but Defendant B and Defendant C, the principal debtor of which are Defendant B and joint and several sureties still did not repay the loan obligations even in the Plaintiff’s demand several times.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 1.5 billion, which is the principal of the loan, and damages for delay with 24% interest per annum from November 5, 2018 to the date of full payment.

2. The judgment recognizing confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act, and the Defendants did not submit a formal objection demanding dismissal only without stating any substantial grounds for disputing the Plaintiff’s claim against the original copy of the payment order and did not appear on the date for pleading. Accordingly, the Defendants are deemed to have led to the confession of the Plaintiff’s assertion in accordance with Article 150(3) of the Civil Procedure Act.

arrow