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(영문) 서울중앙지방법원 2019.03.08 2018가단5094174
대여금
Text

1. The defendant shall pay to the plaintiff KRW 22,276,225 and the amount of KRW 19,375,428 from December 7, 2018 to the date of full payment.

Reasons

Around May 12, 2007, the Plaintiff leased KRW 70,000 to C (hereinafter “Nonindicted Company”) with a fixed interest rate of KRW 9.9% per annum, overdue interest rate of KRW 25% per annum, and repayment period of KRW 48 months (per equal interest rate). The Defendant jointly guaranteed the Plaintiff’s obligation to repay the principal and interest of the non-party company. However, the non-party company’s obligation is in arrears, the obligation of the non-party company remains in total of 22,276,225 won as of November 26, 2018, and the principal and interest payable after the above base date remains in total of 19,375,428 won, or there is no dispute between the parties, or there is an obligation to pay damages for delay calculated at the rate of KRW 1,2275,428 per annum (including each serial number) per annum to the Plaintiff from November 26, 2018 to KRW 251,278,28.

Although the defendant asserts that the non-party company repaid KRW 3,642,79 on March 23, 2018, the plaintiff made an amendment to the purport of the claim on November 26, 2018 by reflecting all of the details of the debt repayment until November 26, 2018 of the non-party company, and there is no evidence to prove that the defendant or the non-party company made an additional repayment. Thus, the defendant's argument is without merit.

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