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(영문) 대전지방법원 2016.11.16 2016가단206656
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 106,268,051 and KRW 100,246,830 among them, from December 25, 2015.

Reasons

1. Facts of recognition;

A. On April 30, 2008, the Plaintiff concluded a loan transaction agreement (hereinafter “the instant loan agreement”) with C as follows, and subsequently loaned KRW 280 million. The Defendants jointly and severally guaranteed the obligation under the instant loan agreement with C within the scope of KRW 357,370,172.

Loan principal: The loan period of KRW 280 million and repayment method: 30 years, the agreement on equal installment repayment of principal and interest with three years grace: 8.96% per annum within three years from the date of occurrence of the loan, and 2.64% interest rate per annum within 3 years from the date of occurrence of the loan; 19% per annum;

B. On June 28, 2013, the Plaintiff entered into a contract to amend the terms of the instant loan transaction agreement with C. The Defendants jointly and severally guaranteed the obligations under the instant loan agreement with C, and the changed terms are as follows.

Loan principal: 274,90,133 won, interest to be received: The loan period of KRW 3,920,026: the number of months elapsed, 62 months in the future, 300 months in the future repayment period (12 months in the grace period), 362 months in the total repayment period, 362 months in the due date, and June 20, 2038: The repayment method of KRW 1,974,246 in the month after a grace period, and the repayment rate of KRW 2,264,726 in the month after a grace period: 8.56% in the month;

C. After that, C delayed performance of the obligation under the instant loan agreement against the Plaintiff and lost the benefit of time under the agreement. On December 24, 2015, C delayed payment of the loan principal KRW 100,246,830, interest rate of KRW 236,378, interest rate of overdue interest of KRW 43,075, interest of KRW 3,741,768, and KRW 106,268,051.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual number), and the purport of whole pleadings

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay jointly and severally joint and several liability KRW 106,268,051 as well as the principal amount of KRW 100,246,830, which is the day following the above settlement date, to pay the agreed damages for delay calculated at the rate of 19% per annum from December 25, 2015 to the day of full payment.

B. Defendant A, the above Section 1-B

An alteration contract is made by a fraudulent D, not a defendant A, in a loan alteration contract.

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