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(영문) 춘천지방법원강릉지원 2019.10.29 2019가합15
대여금
Text

1. The Plaintiff:

A. Defendant B shall be 370,024,800 won and 24% per annum from May 17, 2007 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff: (a) on June 13, 2005, and June 15, 2005, the amount of KRW 300,000,000,000 to Defendant C as interest KRW 10,000 per month; and (b) on June 15, 2005, the Plaintiff agreed to pay interest at KRW 2% per month from October 2005; (c) the Plaintiff “the first installment”).

(2) Defendant B and D jointly and severally guaranteed the above loan obligation. (2) The Plaintiff: (a) on January 23, 2006, and on February 7, 2006, the sum of KRW 200 million, total of KRW 100,000,000,000,000,000 to Defendant B, was 2% per interest month (hereinafter “the second loan”).

3) Since May 16, 2007, the Plaintiff received 341,975,200 won from the Defendants and appropriated part of them to the principal of the first, second, and second, the principal of the first, and the second, as of May 17, 2007, the principal of the second, 70,024,800 won. (B) The Plaintiff filed a lawsuit against the Defendants and D on October 9, 2008 against the Defendants for the loan claim amounting to 370,024,80 won (i.e., the 370,024,000 won (i., the 300,000 won (i.e., the 1st, the 1st, 70,024,80 won), and (ii) the 1st,000,000 won (i.e., the 1st, the 1st, 2007,000 won).

2. Determination

A. According to the above facts of recognition, Defendant B is obligated to pay damages for delay calculated at the rate of 24% per annum from May 17, 2007 to the date of full payment with respect to the above amount, jointly and severally with Defendant B, KRW 370,024,80, which is the aggregate of the joint and several surety amount for the first use and the balance for the second use, and jointly with Defendant C, respectively.

(b).

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