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(영문) 서울중앙지방법원 2015.12.17 2015나34269
차용금
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 5,00,000 to Defendant B, KRW 5,000,00 on November 5, 2009, and KRW 5,000,00 on January 5, 2010, respectively, and the Defendant C jointly and severally guaranteed each of the above loans owed by Defendant B.

B. On January 5, 2010, the Plaintiff lent the above KRW 5,000,000 to Defendant B, and set the interest rate of KRW 18% per annum, but the Defendants and the Defendants on the same day again set the interest rate of KRW 18% per annum between the Defendants and the Defendants on the same day.

The loan amount of KRW 10,00,000 and KRW 7,000,000, out of the loan amount of KRW 12,000,000 as of December 4, 2009 against the Plaintiff by Defendant C, were jointly and severally repaid until March 30, 2010, and the remainder of KRW 5,000,000 were jointly and severally repaid from May 20, 201 to September 20, 2010.

C. The Plaintiff received reimbursement of KRW 3,000,000 on April 21, 2010 from Defendant B, and KRW 2,000,000 on April 23, 2010.

[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 2-4, and the purport of the whole pleadings

2. According to the above findings of the determination, barring any special circumstance, the Defendants are obligated to pay the remainder of KRW 5,000,000 (i.e., KRW 10,000,000,000, which is the annual interest rate of KRW 18% from September 21, 2010, which is the day following the date of the above final payment to the day of full payment, after deducting the remainder of KRW 5,00,000, which was repaid to the Plaintiff from KRW 10,000 (the Plaintiff did not claim loans to Defendant C in this case) and the damages for delay calculated by the agreement from September 21, 2010 to the day of full payment.

The Plaintiff agreed on January 5, 2010 to pay the interest calculated at the rate of 18% per annum by borrowing KRW 5,000,000 from the Plaintiff on January 5, 2010. Thus, the Defendants asserted that the interest calculated at the rate of 18% per annum from January 5, 2010 should be paid. However, according to the above facts, the Plaintiff and the Defendants should pay the interest calculated at the rate of 18% per annum. However, according to the above facts, Article 1-B of the Plaintiff

As described in the paragraph, the period of reimbursement has been postponed until September 20, 2010, and it agreed not to receive interest during the same period.

As such, from January 5, 2010 to September 5, 2010.

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