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(영문) 대전지방법원 2020.08.28 2019나114247
대여금
Text

1. Of the judgment of the court of first instance, the costs of KRW 7,652,691 against the Defendant and the amount of said costs shall be from February 23, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 12, 2015, the Plaintiff agreed to lend KRW 10 million to the Defendant’s spouse C by setting the maturity of KRW 10 million on August 12, 2015, and at the rate of 5% interest per month. The Defendant jointly guaranteed the Defendant’s debt on the same day.

(hereinafter referred to as the “joint and several sureties of this case”).

On May 13, 2015, the Plaintiff remitted 9.5 million won after deducting interest accrued to C.

(hereinafter “instant loan”). C.

C paid to the Plaintiff KRW 3.5 million over seven occasions from July 12, 2015 to February 22, 2016.

The plaintiff shall pay 9.5 million won to the principal of the loan and shall be 7,652,691 won in the balance of the principal, as stated in the attached appropriation statement, when the plaintiff has paid 3.5 million won to the principal according to the interest rate prescribed by the Interest Limitation Act.

The Plaintiff calculated on May 13, 2015 to May 12, 2016, but calculated on a 3666-day basis (2016). The Defendant asserted that the principal of the instant loan was KRW 9,190,000 on the grounds of Supreme Court Decision 2012Da55198. However, the Defendant appears to have misunderstood the purport of the said judgment (the foregoing judgment seems to have been erroneous, and actually delivered KRW 9,00,000,000,000,000 after deducting interest of KRW 10,000,000 from interest rate of KRW 90,000 under the Interest Limitation Act, 7,50,000,000 remaining after deducting interest of KRW 2.2,25,00,000 under the highest interest rate of KRW 10,000,000 from May 12, 2016). [Recognition grounds] The Defendant did not dispute, the purport of evidence No. 17, and the entire pleadings.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the balance of the loan of this case 7,652,691 won and damages for delay calculated by the rate of 24% per annum from February 23, 2016 to the date of full payment, according to the joint and several guarantee of this case, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion 1.1 guarantor.

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