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(영문) 대전지방법원 2016.07.07 2015가단12229
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 48,115,069 and KRW 30,000,000 out of the said money.

Reasons

1. Basic facts

A. On September 28, 2012, the Plaintiff lent KRW 30,000,000 to Defendant B for interest rate of KRW 900,000 per annum (36% per annum) and the payment date of interest on the 28th day of each month.

B. Defendant C (A’s evidence Nos. 1 (Evidence) indicated as “E,” but the E’s resident registration number and Defendant C’s resident registration number are identical, so recognition as Defendant C is recognized as Defendant C), and D guaranteed the Plaintiff’s obligation to the Plaintiff on the same day.

C. Defendant B paid only interest on the part of November 2012 to the Plaintiff, and Defendant B did not pay both subsequent interest and principal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. Determination:

A. The interest rate under the Interest Limitation Act from June 30, 207 to July 14, 2014, for which the Plaintiff seeks from December 28, 2012 to March 27, 2015, is KRW 30,000 】 [one year 199/365 (from December 28, 2012 to July 14, 2014] ¡¿ 30% per annum.

= interest 13,906,849 won ② 30,000,000 won ¡¿ [256 days/365 days (from July 15, 2014 to March 27, 2015] ¡¿ (25% per annum from July 15, 2014 to March 27, 2015)] ¡¿ 25% per annum.

= Interest of KRW 19,167,122 in total (= interest of KRW 13,906,849 in total) and interest of KRW 49,167,122 in total (=30,000,000 in KRW 19,167,122 in total)

B. According to the facts of the above recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 48,115,069, and KRW 30,000,000, out of the above amount, to the Plaintiff, delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 18, 2015 to the date of full payment after the final delivery of the copy of the instant complaint.

3. Judgment on the defendants' assertion

A. The person who borrowed the instant money claimed by the Defendants is G of the F representative Director Co., Ltd., which is not the Defendants, and the Defendants merely prepared Gap evidence No. 1 upon the Plaintiff’s request.

B. Determination No. 1 is the sole fact of the foregoing recognition.

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