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(영문) 서울북부지방법원 2020.11.04 2020가합25073
대여금
Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 253,80,000 and the interest rate from December 16, 2010 to the day of full payment.

Reasons

1. On November 16, 2010, Defendant B borrowed interest of KRW 253,80,000 from the Plaintiff as of November 16, 201, KRW 2,700,00 per month and the due date for payment until December 30, 2011 (Provided, That even once the payment of interest is in arrears, Defendant C, which is between Defendant B and the husband, guaranteed the above loan within the limit of KRW 210,000,00.

However, since the Defendants did not repay the above loan or joint and several sureties, they shall jointly and severally pay to the Plaintiff the principal of the above loan and the damages for delay from December 16, 2010 to the date of full payment, which is the date of loss of interest due to the loan. Defendant C shall be liable to pay within the limit of KRW 210,000,000.

However, with respect to damages for delay, the Plaintiff only seeks payment of the amount calculated at the rate of 12% per annum on the principal of the borrowed amount, as a lump sum within the agreed range (2,700,000 per month).

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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