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(영문) 대구지방법원 2017.04.28 2016가단120158
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 510,516,227 and KRW 458,435,00 from August 10, 2016.

Reasons

1. Determination on the cause of the claim

A. (1) On January 14, 2014, the Plaintiff established for the purpose of receiving deposits and installment savings and lending funds, etc., agreed to pay 700,000,000 won to Defendant Stock Company (hereinafter “Defendant Company”) on a yearly interest rate of 9% per annum, interest rate of delay 21% per annum, and due date of repayment on January 14, 2016, and the repayment of principal and interest was made before the expiration date of the credit and the interest was paid on the date of the settlement of accounts of the Plaintiff’s household.

Defendant B guaranteed the Defendant Company’s above loan obligation to the Plaintiff within the limit of KRW 910,00,000.

(2) The Defendant Company did not pay the principal and interest of the above loan after the lapse of the payment period. Based on August 10, 2016, the principal amount was KRW 458,435,005, and delayed damages were 52,081,222.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Gap 9 evidence, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of damages for delay calculated by an agreement of 21% per annum from August 10, 2016 to the date of full payment, with the amount of KRW 510,516,227, and the amount of the loan principal of KRW 458,435,005.

2. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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