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(영문) 서울남부지방법원 2016.01.15 2015가합108469
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 172,763,262 and the Defendants’ amount from October 2, 2008 to October 23, 2015.

Reasons

1. Indication of claim;

A. The Plaintiff loaned KRW 172,763,262 to Defendant A a total of KRW 210,00,000,000 to Defendant A on May 27, 2008, and KRW 70,000 on August 18, 2008, KRW 50,000 on September 18, 2008, and KRW 210,000,000 on September 24, 2008. At the time, the interest rate for delay was agreed to be KRW 18% per annum, and at the time, Defendant B, C, and D agreed to borrow loans owed to the Plaintiff by Defendant A on the grounds of loss of interest in the suspension of current account transactions. The Plaintiff and the Defendants agreed to suspend current account transactions on September 18, 208.

3) The Plaintiff was paid a total of KRW 37,236,738 of the above loan claims and the balance of the above loan claims remains KRW 172,763,262 at present (=210,00,000 - KRW 37,236,738). Accordingly, the Defendants are obliged to pay to the Plaintiff delay damages at each rate of KRW 172,763,262 from October 2, 2008 to the final delivery date of the copy of the complaint of this case, and KRW 18% per annum from the next day to the day of the completion date of the payment.

B. On September 11, 2007, the Plaintiff loaned KRW 130,000,000 to Defendant A at an interest rate of 18% for delay damages. Defendant A and Defendant A agreed to receive KRW 4,30,000 each month from April 10, 2008 to August 10, 2010, and to receive KRW 4,430,000 each month from September 10, 201, respectively. Defendant A and Defendant A agreed to pay KRW 4,430,000 for the benefit of the suspension of current account transactions. 2) The Plaintiff and Defendant agreed to pay KRW 4,430,00 for the benefit of the suspension of current account transactions. The current account transactions were suspended on October 1, 208.

3) The Plaintiff paid KRW 29,880,000 among the above loan claims in cash, and collected KRW 66,079,050,000, in a manner that appropriated the mutual-aid installments that Defendant A paid to the existing Plaintiff for the repayment of loan claims. Accordingly, the balance of the above loan claims is currently KRW 34,040,950 (=130,000,000) - 29.

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