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(영문) 인천지방법원 2015.11.12 2015가단231282
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,556,00,000 and the interest rate from February 15, 2014 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the Bank of Beneficiary Savings Co., Ltd. shall pay 1,56,000,000 won to the defendant Han River Co., Ltd. on July 15, 201; the interest rate of 15% per annum; the interest rate of 25% per annum; and the interest rate of 2,100,000,000 won per annum; the defendant set the above loan obligations as 2,730,000 won per annum; the defendants jointly and severally guaranteed the above loan obligations as 2,730,000 won per annum; the amount of the loan principal from February 15, 2014 to 1,56,000,000 won and interest thereon; the amount of the loan extended to the defendant Han River Co., Ltd. shall be paid to the plaintiff as 200,000 won per annum 205,205,000 won per annum.

As to this, the Defendants asserted that, on July 2011, the agreement of 10% should be fixed at the rate of 2,90,000,000 won, since they received a loan from the House Savings Bank on February 6, 2009, and they would reduce the principal of the loan to 2,10,000,000 won by partially repaying the loan from the said Savings Bank on or around July 2011, the Defendants accepted the loan with a proposal that they would lower the interest rate of 10%, and received a loan of KRW 2,10,00,000 on July 15, 2011. However, there is no evidence to support that the above agreement was concluded between the House Savings Bank and the Defendants.

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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