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(영문) 의정부지방법원 고양지원 2017.02.02 2016가단89833
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 162,466,390 and KRW 161,001,814 among them, from September 23, 2016.

Reasons

On March 7, 2016, Defendant A Co., Ltd. (hereinafter “Defendant Company”) received a loan by setting the loan amounting to KRW 171 million from the Plaintiff as 60 months of the loan period, interest rate of KRW 5.5% per annum, and interest rate of delay delay rate of KRW 24% per annum from the Plaintiff, and Defendant B guaranteed the principal and interest of the loan to the Plaintiff of Defendant Company.

However, the Defendant Company did not pay the principal and interest of the loan, and was deprived of the interest under the loan contract as of September 22, 2016.

As of September 22, 2016, the obligation owed by the Defendant Company according to the above loan agreement reaches KRW 161,001,814 of the principal of the loan and KRW 162,46,390 of the interest and delay damages thereon.

[Grounds for recognition] Gap evidence Nos. 1-4 and the purport of the entire pleadings are as follows: the defendant company is the principal debtor under a loan contract, and the defendant Eul is jointly and severally liable to pay the plaintiff 162,466,390 won and the principal of the loan to the plaintiff 161,001,814 won from September 23, 2016 (the day following the day of loss of the benefit of time) to the day of full payment.

Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

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