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(영문) 수원지방법원 2016.11.17 2015가단64786
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 20 million and 30% per annum from September 17, 2009 to July 13, 2014.

Reasons

Defendant B decided to borrow KRW 200 million from the Plaintiff on September 16, 2009 with the agreed rate of 2.5% per annum (30% per annum), the overdue interest rate of 48% per annum, and the due date of repayment as of December 15, 2009. Defendant C guaranteed Defendant B’s debt of the above borrowed amount without dispute between the parties, or is recognized in accordance with the purport of subparagraph 1 and all pleadings.

The defendants, who are the principal debtor of the above loan and joint and several sureties, are jointly and severally liable to pay to the plaintiff the above 200 million won and the above 200 million won to the plaintiff from September 17, 2009 to July 13, 2014, within the scope of the above agreed interest rate and overdue interest rate, and Article 2 (1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); Article 2 (1) of the former Interest Limitation Act; Article 2 (1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 2 (1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jul. 14, 2014); and Article 2 (1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jul. 14, 2014).

The Defendants asserted that Defendant B provided a collateral and obtained a partial satisfaction of the Plaintiff. However, there is no evidence to prove the above facts, and thus, the Defendants’ assertion cannot be accepted.

Therefore, the plaintiff's claims of this case are accepted on the grounds of all.

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