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(영문) 서울남부지방법원 2015.11.26 2015가단38662
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 198,660,828 and KRW 96,196,622 among them, from July 15, 2015.

Reasons

According to Gap evidence 1 through 3, the plaintiff extended a loan of KRW 120 million to defendant A on December 21, 2010 by setting the interest rate of KRW 29% per annum and the repayment period of KRW 36 months (e.g., equal repayment of the principal and interest), and the joint and several debt repayment obligations of defendant A by defendant B and C, the defendant A lost the benefit due to delayed repayment of the above loan from August 25, 201, and the fact that as of July 14, 2015, the principal of the above loan was 96,196,622 won and interest and overdue interest amount amounted to KRW 102,464,206, respectively.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 198,660,828 of the principal and interest of the above loans and the principal amount of KRW 96,196,622 among them, 29% per annum, which is the agreed interest rate from July 15, 2015 to the date of full payment. Thus, each claim against the Defendants of the Plaintiff is with merit.

As to this, Defendant A asserts to the effect that he is only the nominal owner of the loan contract by lending his name to D, but this argument is true even if it is true.

Even if the plaintiff's claim is rejected, it is difficult to view it as a justifiable reason to reject the claim, and it can not affect the judgment above.

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