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(영문) 부산지방법원 2016.10.18 2016가단5289
대여금등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 132,077,514 and KRW 123,183,329 among them.

Reasons

1. Facts of recognition;

A. On April 24, 2015, the Plaintiff entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a loan amount of KRW 130,00,000, and the loan period of May 2, 2020, the interest rate of KRW 9.9% per annum, and damages for delay rate of KRW 21.9% per annum (hereinafter “instant loan agreement”). Defendant B, the representative director of Defendant Co., Ltd., was jointly and severally liable on the same day.

B. Since then, the Defendant Company failed to pay the principal and interest of the obligation under the instant loan agreement, and on November 20, 2015, the remainder of the principal under the said loan agreement as of November 20, 2015 is KRW 123,183,329, and overdue interest is KRW 8,894,185.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 7 evidence (including a paper number), the whole purport of pleading

2. According to the above facts, Defendant Company and Defendant B, a principal debtor, jointly and severally, are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 21.9% per annum, which is the agreed interest rate of 123,183,329 won (=123,183, 329 won, 894,185 won) and the remaining principal amount of KRW 123,183,329, which is the date following the above calculation date, from November 21, 2015 to the date of full payment.

In this regard, Defendant B asserted that there is no obligation to pay a loan under the above loan contract, since Defendant B recovered a tourist bus purchased by the Plaintiff from the loan under the loan contract of this case or recovered the amount of the above loan by discretionary auction. However, there is no evidence to acknowledge this.

3. According to the conclusion, the plaintiff's claim shall be accepted for all reasons, and it is so decided as per Disposition.

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