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Reasons
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(영문) 서울동부지방법원 2017.08.23 2017가단103529
대여금 등
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1. The Plaintiff:

A. Defendant B shall be 25% per annum from January 4, 2014 to June 2, 2015 for KRW 1150,000,000.

Reasons

1. Facts of recognition;

A. The Plaintiff’s lease to Defendant B and Defendant C’s joint guarantee 1) on October 3, 2013, the Plaintiff leased KRW 150 million to Defendant B at the rate of 2% per month on January 1, 2015. (2) Defendant B paid KRW 12 million to the Plaintiff as the monthly interest rate of KRW 4 million from October 4, 2013 to January 3, 2014.

3) Around August 2014, the Plaintiff entered into a joint and several guarantee agreement with Defendant C to jointly and severally pay the amount of KRW 120 million out of the above KRW 150 million with Defendant C (the KRW 100 million by the end of February 2015, and the KRW 20 million by October 2016). On June 2, 2015, the Defendants repaid the Plaintiff KRW 80 million out of the above KRW 120 million to the Plaintiff.

B. On October 24, 2013, the Plaintiff loaned KRW 100 million to Defendant C at the rate of 2% per month on October 31, 2014. 2) Defendant C paid KRW 6030,00 as interest rate from October 25, 2013 to December 31, 2013.

3) Defendant C repaid the principal amount of KRW 88 million in total, including KRW 38 million, from September 1, 2014 to August 3, 2016, as the principal (i.e., KRW 2 million) (ii) KRW 48 million on July 2, 2014; (iii) KRW 38 million on September 1, 2014 to KRW 38 million on August 3, 2016.

2. Determination as to the cause of action

A. According to the facts found in relation to loans to Defendant B, Defendant B is obligated to pay damages for delay calculated at the rate of 25% per annum as requested by the Plaintiff within the limit of the agreed rate, as requested by the Plaintiff, within the limit of the agreed rate, from January 4, 2015 to June 2, 2015, which is the date following the last payment date of interest, with respect to the loans of KRW 150 million. ② The remaining principal of the loan is KRW 70 million ( KRW 150 million - 80 million) and the damages for delay calculated at the rate of 25% per annum as requested by the Plaintiff from June 3, 2015 to the date following the date of repayment.

In addition, Defendant C is jointly and severally with Defendant B of the above KRW 70 million and KRW 40 million. 12.

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