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(영문) 서울남부지방법원 2018.01.10 2017가단242441
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 32,221,320 as well as the interest rate from March 1, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff: (a) extended KRW 102,00,000 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) extended interest to one year; (c) interest rate per annum; (d) interest rate per annum; (e) interest rate per annum; and (e) interest rate per annum per month (5.3% within the balance of installments; 9.3% out of the balance of installments); (c) extended a loan under a condition to repay all of the loans on January 28, 2016, the expiration date of the loan; and (d) Defendant B guaranteed joint and several obligations

B. The Defendant Company failed to repay the loan on January 28, 2016, the expiration date of the loan. On April 15, 2016, the Plaintiff and the Defendants agreed to pay the principal and interest of the loan in installments, but on two or more occasions, the payment of the loan in installments shall lose the benefit of the due date, and shall pay damages for delay at the rate of 15% per annum from the day after the expiration date of the due date to the day of full payment.

C. The Defendants lost the term interest on February 28, 2017, and as of the date of the date of the loss of the term, the balance of the loan principal of this case is KRW 32,221,320 on the basis of the date of loss of the term (i.e., the amount of loans KRW 102,00,000- the amount of installment offsetting KRW 60,578, 680- the amount of installment offsetting KRW 9,20

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay delay damages at the rate of 15% per annum to the Plaintiff from March 1, 2017 to the full payment day.

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