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(영문) 서울중앙지방법원 2015.03.27 2014가합550753
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 213,931,601 and KRW 128,449,89 among them. From April 13, 2013 to February 15, 2015.

Reasons

1. Indication of claim;

A. The Plaintiff, a corporation operating a specialized credit financial business under the Specialized Credit Financial Business Act, entered into a installment financing contract with Defendant A on December 12, 2007, setting the principal of which is KRW 137,800,000 per annum, interest rate of KRW 12.5% per annum, and installment period of KRW 76 months per annum. The DefendantDasan Development Co., Ltd. jointly and severally guaranteed the Defendant A’s obligation under the said installment financing contract.

B. However, Defendant A, however, lost the benefit of time by delaying two or more installments, and as of April 12, 2013, the settlement amount which requires payment at the time of lump-sum repayment is KRW 213,931,601 (the total amount of the already recovered principal and KRW 128,449,899).

C. Therefore, the Defendants are jointly and severally obligated to pay the aforementioned KRW 213,931,601 as well as the outstanding principal KRW 128,449,89 as to the unpaid principal from April 13, 2013 to February 28, 2015, which is the last day of the delivery of the copy of the complaint of this case, 12.5% per annum, which is the agreed interest rate, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. Defendant A of applicable provisions of Acts: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act (a judgment made by deeming a person as a person who is a person who is a person to be a person to be a person to be a person to be a person to be a person).

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