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(영문) 대전지방법원 서산지원 2018.07.10 2018가단758
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 386,323,690 among the Plaintiff and KRW 135,234,188 from May 23, 2016 to the day of full payment.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of the pleadings, evidence Nos. 1 through 5, the Plaintiff loaned KRW 1 billion to B Co., Ltd. on November 18, 2011 at the maturity of payment on November 18, 2014, interest rate of KRW 6.3% per annum, overdue interest rate of KRW 18% per annum, and the Defendant jointly and severally guaranteed the Defendant’s debt of the above loan, and the said credit is recognized as the principal and interest of KRW 234,247,540 on November 13, 2013, and KRW 66,59,89,890 on December 23, 2015, and KRW 643,797,714 on May 12, 2016 (the principal and interest amount of KRW 642,837,627,877), and KRW 1838,536,2016 on May 26, 2016

Comprehensively taking account of the above facts, the Defendant is obligated to pay the Plaintiff the amount of the principal and interest of the loan unpaid to the Plaintiff KRW 386,323,690 (hereinafter the following amount: KRW 135,234,188 as of May 23, 2016) and damages for delay calculated at the rate of 18% per annum, which is the overdue interest rate, from May 23, 2016 to the date of full payment.

The plaintiff's claim is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

① Damages for delay calculated by the rate of 18% per annum, which is the overdue interest rate, from September 8, 2014 to December 22, 2015 for KRW 845,752,460 = damages for delay calculated by the rate of 18% per annum, which is the overdue interest rate, for KRW 779,152,570 = damages for delay calculated by the rate of 18% per annum, which is the overdue interest rate, from December 23, 2015 to May 11, 2016 = 54,029,760 won (3135,354,856 won) = damages for delay calculated by the rate of 18% per annum, which is the overdue interest rate under the agreement, from May 12, 2016 to May 22, 2016)

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