logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.03.17 2015가단17917
대여금
Text

1. Defendant B’s KRW 152,100,000 as well as 5.6% per annum from May 31, 2014 to May 28, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From October 18, 2013 to October 21, 2013, the Plaintiff lent KRW 213,146,000 to Defendant B the purchase price for the occupant.

B. On March 3, 2014, with respect to the principal and interest of Defendant B who repaid an amount equivalent to KRW 70,000,000 among the above loans, the Plaintiff drafted a loan with interest of KRW 150,000,000 per month to Defendant B (5.6% per annum), and on May 30, 2014 (hereinafter “instant loan”), and the Defendant C drafted a cash loan agreement with the content of joint and several sureties (hereinafter “instant contract”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 152,100,000 (the agreed principal of KRW 150,000,000) and the principal of KRW 150,00,000 among the agreed amounts of KRW 150,000,00,000 (the agreed interest rate of KRW 2,100,000) with the annual interest rate of KRW 5.6% from May 31, 2014 to May 28, 2015, which is the delivery date of the duplicate of the complaint of this case, the annual interest rate of KRW 5.6% from May 29, 2015 to September 30, 2015, the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26510, Sep. 25, 2015). 2015

(Plaintiff filed a claim for the payment of damages for delay at the rate of 20% per annum after October 1, 2015, but since the amendment of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings changed the statutory interest rate to 15% per annum, the portion exceeding the rate of 15% per annum from October 1, 2015 to the date of full payment is without merit).

arrow