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(영문) 서울중앙지방법원 2018.12.14 2018가단5131066
대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 44,019,610 and KRW 34,225,375 among them, 15% per annum from March 14, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On April 25, 2016, the Plaintiff loaned KRW 72 million to B Co., Ltd. (hereinafter “B”) on October 28, 2016, the loan due date, KRW 17.138% of the distribution profit rate of financial bonds (AAA), and the compensation rate for delay [limited to 15% per annum, the applicable interest rate of less than 6% per annum, the applicable interest rate of less than 6% per annum, the applicable interest rate of less than 3 months, and the applicable interest rate of more than 8% per three months], and the Defendant jointly and severally guaranteed to the Plaintiff the above debt amount of KRW 86,400,00.

B. B delayed repayment of the principal amount of KRW 34,225,375 as of March 13, 2018, plus KRW 44,019,610 as of KRW 34,225,375 as of KRW 9,794,235.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of recognition of the Defendant’s joint and several sureties’s obligation to repay the joint and several sureties, the Defendant is jointly and severally liable to pay to the Plaintiff KRW 44,019,610 in total as well as KRW 34,225,375 in total and KRW 15% per annum, which is the interest rate for delay, from March 14, 2018 to the day of full payment, to the day of full payment, within the limit of KRW 86,40,00,00, which is the interest rate for delay.

(B) The payment order to pay the above principal and interest of the loan to B was finalized without restriction. Accordingly, the defendant alleged that the plaintiff and the defendant promised to pay the above principal and interest of the loan in installments in 50,000 won per month, but the statement in Eul through 3 alone is insufficient to recognize the defendant's assertion, and there is no other evidence to acknowledge it.

3. Conclusion, the plaintiff's claim of this case is justified.

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