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(영문) 제주지방법원 2017.11.02 2016가합1300
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 232,356,164 won and 24% per annum from February 6, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 17, 2014, the Plaintiff prepared a loan certificate (hereinafter “instant loan certificate”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the following terms and conditions, and lent KRW 300 million to the Defendant Company (hereinafter “instant loan agreement”), Defendant C, D, and E (hereinafter collectively “B”) on the same day, and jointly and severally guaranteed the Defendant Company’s obligations.

The principal of Article 1 of the Loan Money Certificate of KRW 300 million shall be repaid until January 31, 2015, and the interest rate shall be 5% per annum. If default is made, the interest rate of KRW 24% per annum shall be paid until the date of repayment.

or is satisfied on the F-si F-si land, including the contract amount at the time of the new construction work of the second and tenth stories above the ground.

Articles 2 and 3 (Omission)

B. On February 5, 2016, Defendant Company repaid the Plaintiff KRW 150 million out of the above loan debt.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including provisional number), and 2-2, the purport of the whole pleadings

2. Determination

A. On June 17, 2014, the Plaintiff loaned KRW 300 million to the Defendant Company at the maturity of payment on January 31, 2015, interest rate of KRW 5% per annum, delay damages, and KRW 24% per annum. The remainder of the Defendants jointly and severally guaranteed the obligations of the Defendant Company. After that, the Defendant Company paid KRW 150 million to the Plaintiff on February 5, 2016. The foregoing KRW 150 million was insufficient to extinguish the entire principal and interest of the loan until that time, and thus, the Defendants, in the order of the principal and interest payment under Article 479(1) of the Civil Act, are jointly and severally appropriated to the Plaintiff in consideration of the remainder of the borrowed amount of KRW 232,356,164 [the principal and interest of KRW 150 million from the loan to the date of February 5, 2016].

Interest 9,369,863 won (30 million won x 5% x 228/365) until January 31, 2015 shall be interest 9,369,863 won (30 million won x 5%) from February 1, 2015 to February 5, 2016.

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