(영문) 대전지방법원 2020.05.21 2020가단109219

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(영문) 대전지방법원 2020.05.21 2020가단109219

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 116,524,621 as well as KRW 114,245,052 as from February 20, 2020.

Reasons

1. Determination as to the cause of claim

A. 1) On May 24, 2018, the Plaintiff is the Defendant Incorporated Incorporated Company (hereinafter “Defendant Company”).

(2) Around November 21, 2019, Defendant C loaned 224,00,000 won to the Plaintiff at the interest rate of 5.9% per annum and 8.9% per annum. Defendant C set the maximum amount of the guaranteed obligation to the Plaintiff as KRW 291,20,000 for the guaranteed obligation to the Plaintiff. (2) Defendant Company lost its interest due to delayed payment of the divided principal and interest at least twice on November 21, 2019, and accordingly, Defendant Company lost its interest due to delayed payment at least twice. Accordingly, the total amount of the principal and interest to be paid by Defendant Company to the Plaintiff as of February 19, 2020 is KRW 116,524,621 (the principal and interest of the loan KRW 114,245,052,175,877, late interest, 103,692).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. According to the above facts of determination, the defendants are jointly and severally liable to pay to the plaintiff the total amount of 116,524,621 won and 114,245,052 won, whichever is the agreed interest rate of 8.9% per annum from February 20, 2020 to the date of full payment.

Provided, That the defendant C is obligated to pay the above amount within the limit of KRW 291,200,000, the maximum amount of the guaranteed obligation.

2. The defendants' assertion is alleged to the purport that the period of repayment is suspended because the defendants' determination as to the defendants' assertion is not reasonable due to the current difficult economic situation, etc., but it cannot be viewed as a legitimate ground for defense that can refuse the plaintiff's claim against the defendants. Thus, the above assertion by the defendants is without merit.

3. Thus, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.

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