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(영문) 대전지방법원천안지원 2019.10.31 2019가단106138
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. From April 1, 2019 to November 14, 2019, KRW 170,000 and its amount.

Reasons

1. Facts of recognition;

A. On April 25, 2016, the Plaintiff remitted the amount of KRW 50 million to Defendant B, KRW 50 million around October 31, 2017, and KRW 70 million around February 7, 2018, to Defendant B, with interest rate of KRW 12% per annum, and the due date for repayment of principal after consultation with Defendant B, which was determined on February 28, 2019.

B. Defendant C was the spouse of Defendant B, and the Plaintiff was also liable for the Defendant B’s obligation. The Defendants agreed to jointly and severally pay to the Plaintiff the agreed amounting to KRW 170,000,000 per annum from April 1, 2019 to KRW 12% per annum on September 14, 2019, and the costs of lawsuit calculated by the Plaintiff’s reduction of KRW 4,905,500 per annum to the Plaintiff, and to pay the interest for delay calculated at the rate of 20% per annum if the payment deadline is set.

(hereinafter referred to as “instant agreement”). C.

The Defendants answer to the Plaintiff that it is difficult for the Plaintiff to fully repay the borrowed amount even after November 14, 2019, which is the term of the instant agreement.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-3 (including a provisional number), the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay 170,00,000 won with interest rate of 12% per annum from April 1, 2019 to November 14, 2019; interest rate of 20% per annum from the next day to the date of full payment; interest rate of 4,905,50 won per annum from the next day to the date of full payment; and damages for delay calculated at the rate of 20% per annum from November 15, 2019 to the date of full payment; and damages for delay calculated at the rate of 20% per annum from the next day to the date of full payment.

With respect to KRW 4,905,500, the Plaintiff claimed damages for delay calculated at the rate of 5% per annum from the day following the day on which the copy of the application for amendment of the purport of the instant claim was served until November 14, 2019. However, the repayment period of the said money under the instant agreement was set on November 14, 2019, and thus, the damages for delay for the said period was determined.

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