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(영문) 서울중앙지방법원 2018.01.12 2017가단5057376
대여금
Text

1. The Defendant shall jointly and severally with Nonparty B for KRW 57,069,14 and KRW 56,000,000 among the costs.

Reasons

1. Facts of recognition;

A. On April 2, 2014, the Plaintiff entered into a credit transaction agreement with B to grant a loan of KRW 56 million on April 9, 2014 on the date of loan execution, April 8, 2016 on the expiration date, the loan interest rate of KRW 11% per annum by adding the additional interest rate to the loan interest rate of KRW 1.824, the loan interest rate of KRW 6 months plus the late interest rate of KRW 11% per annum to the late interest rate of KRW 3 months, and the late interest rate of KRW 7% per annum if the late interest rate is less than three months, and KRW 8% per annum if the late interest rate is more than three months.

hereinafter referred to as "the credit transaction agreement of this case"

. At the time, the Defendant agreed to provide joint and several surety for the Plaintiff’s obligation under the instant credit transaction agreement.

B. The Plaintiff implemented a loan of KRW 56 million to B on April 9, 2014 in accordance with the instant credit transaction agreement.

hereinafter referred to as the "loan of this case"

(2) The Plaintiff and B agreed to automatically extend the loan period at the time of the instant credit transaction agreement. Accordingly, upon the lapse of April 8, 2016 on the date when the original loan expires, the due date for the instant loan obligations was automatically extended for two years until April 8, 2018, but B lost the benefit of time due to delinquency in payment of interest after November 7, 2016. (c) As of February 27, 2017, the instant loan obligation remains in KRW 56 million with the principal amount, interest and delay damages, KRW 1069,144 with the entire purport of all pleadings. [In the absence of grounds for dispute over recognition, each of the statements in subparagraphs 1, 3, and 5, and the purport of the entire pleadings.

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is jointly and severally liable with the primary debtor B to pay the Plaintiff the principal and interest of the instant loan obligation amounting to KRW 57,069,144, and the principal amount of KRW 56 million from February 28, 2017 to May 7, 2017, which is the delivery date of a copy of the instant complaint, the agreed interest rate of KRW 11% per annum from February 28, 2017, and delay damages calculated by 15% per annum from the next day to the date of full payment.

B. The defendant's assertion and judgment are the original defendant.

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