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Reasons
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(영문) 의정부지방법원고양지원 2019.01.25 2018가합73761
대여금
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1. Defendant B and C jointly share KRW 300,000,000 with respect to the Plaintiff and the Plaintiff from October 26, 2009 to August 30, 2018.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company whose purpose is to conduct interior construction business, etc., Defendant C was the representative director of the Defendant Company, and Defendant D is Defendant C’s wife.

B. On March 21, 2007, the Plaintiff loaned the Defendant Company interest of KRW 48% per annum (0.04% per month) and the due date of repayment on May 31, 2007. Under the same condition, the Plaintiff additionally lent KRW 100,000,000 on April 25, 2007 (hereinafter collectively referred to as the “instant loan”), and the Defendant C guaranteed the said obligation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the claim against Defendant Company and C (hereinafter “Defendant Company, etc.”)

A. According to the above facts, barring any special circumstance, Defendant Company, etc. is jointly obligated to pay 24% interest or delay damages per annum from April 25, 2007 to the delivery date of a copy of the instant complaint, and 15% interest or delay damages per annum from the next day to the date of complete payment. 2) Meanwhile, the Plaintiff is a person who was paid interest or delay damages from Defendant Company, etc. totaling 180,109,670 won until June 11, 2012. This is wholly appropriated for the interest and delay damages from April 25, 2007 to October 25, 2009 on the instant loan. Thus, the amount shall be appropriated for the damages for delay from April 25, 2007 to the date of complete payment.

The damages for delay on the above loan remains due from October 26, 2009, and the plaintiff's claim for damages for delay is with merit within the scope of the above recognition.

B. As to the determination of the defense, the period of five years has elapsed since June 11, 2012, which is the last payment date of the damages for delay.

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