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Reasons
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(영문) 대구지방법원 김천지원 2018.04.11 2017가단4467
대여금 등
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1. The Plaintiff:

A. Defendant B shall be KRW 8,308,00 and the interest rate of KRW 15% per annum from September 29, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. Upon Defendant B’s request, on October 14, 2012, the Plaintiff leased (502,00,000, monthly rent of KRW 550,000, and the lease term of KRW 20,000,00, the Plaintiff agreed to pay the Plaintiff the interest on the lease deposit (12% per annum) and KRW 550,00,00 on the fifth day of each month.

B. Since then, Defendant B did not pay a total of KRW 7,150,000 for the 13-month rent, and Defendant B paid a total of KRW 1,158,000, such as gas prices in arrears by Defendant B, on behalf of the Plaintiff.

C. On the other hand, on May 10, 2012, the Plaintiff loaned 150,000,000 won for interest to Defendant B with Defendant C’s joint and several surety, 12% per annum, 20,000 won for the due date from June 1, 2012 to December 31, 2012, and 10,000,000 won for each month from June 1, 2012, and 15,000 won on January 15, 2013. However, the Defendant B paid only the principal amount of KRW 101,060,000 and interest until March 12, 2017.

【Defendant B: In the absence of dispute, each entry in the evidence No. 1, No. 2, and No. 3, the whole purport of the pleading, and Defendant C: The assertion of confession under Article 150(3) and (1) of the Civil Procedure Act

2. According to the above facts of determination, Defendant B is obligated to pay the Plaintiff the monthly rent of KRW 8,308,00,000 (= KRW 7,150,000 per annum from September 29, 2017 to the day of full payment) and damages for delay calculated at the rate of KRW 15% per annum from September 29, 2017 to the day of full payment, as the Plaintiff seeks. (2) The Defendants jointly and severally are obliged to pay the amount of KRW 48,940,000 (= KRW 150,000,000 - KRW 101,060,000) and annual damages for delay calculated from March 13, 2017 to September 28, 2017 to the day of full payment, and each of the instant damages for delay calculated at the rate of KRW 15% per annum from September 27, 2017 to the day of full payment.

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