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(영문) 서울중앙지방법원 2017.11.17 2017가합4954
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 530,000,000 as well as 15% per annum from February 2, 2017 to the date of full payment.

Reasons

Facts of recognition

On May 29, 2014, the Plaintiff lent KRW 100,000,00 to Defendant B for interest rateing to KRW 1,50,000 per month, and due date on December 31, 2017. Defendant C and D guaranteed Defendant B’s above loan obligations to the Plaintiff on the same day.

On November 25, 2016, the Plaintiff: (a) on November 25, 2016, leased KRW 300,000,000, interest rate of KRW 4,050,000 per month; and (b) on January 31, 2017, interest rate of KRW 100,000 per month; and (c) on January 31, 2017.

[Ground] Defendant B: Defendant C and D are obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff, as the agreement is within the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day after the delivery date of the copy of the complaint of this case to the day after the payment date of each of them. Defendant C and D are jointly and severally with Defendant C and D after the payment date of KRW 100,00,000 out of the above money, and after the delivery date of the copy of the complaint of this case sought by the Plaintiff from June 1, 2017 to the day after the repayment date of the contract.

Therefore, the plaintiff's each claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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