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(영문) 서울중앙지방법원 2014.12.18 2014가단188199
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 56,806,762 as well as KRW 53,692,040 among them, from July 22, 2014.

Reasons

According to the evidence submitted by the Plaintiff, on May 8, 2013, the Plaintiff made a loan of KRW 65,00,000 to Defendant A as the principal debtor for the period of 48 months, the repayment of principal and interest per month of repayment, the repayment rate of KRW 17.8% per annum, and the annual interest rate of KRW 24% per annum. Defendant B guaranteed Defendant A’s loan obligations to the Plaintiff on the same day, Defendant A lost its profits due to the failure to repay the agreed principal and interest, Defendant A lost its profits due to the failure to repay the agreed principal and interest, and the interest of the loan as of July 21, 2014 is KRW 56,806,762, and the remaining principal and interest shall be KRW 53,692,040.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 56,806,762 won and 53,692,040 won among them with compensation for delay calculated at the rate of 24% per annum, which is the agreed interest rate from July 22, 2014 to the date of full payment.

(A) Defendant A asserts that the actual user of the above loan is not liable to Defendant A. However, even if the beneficiary of the above loan is not the Defendant A, Defendant A cannot be exempt from legal liability as long as the obligor of the above loan contract is the Defendant). Therefore, the Plaintiff’s claim is justified, and all of the claims are accepted.

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