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(영문) 서울남부지방법원 2015.09.18 2014가단243306
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 147,028,852 as well as KRW 142,905,152 as to the Plaintiff from October 3, 2014.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1 and 3, the Plaintiff loaned KRW 153,00,000 to defendant A Co., Ltd. (hereinafter "A") on November 1, 2013 under the joint and several guarantee of defendant B (hereinafter "A"), with the interest rate of KRW 9.8% per annum, 24% per annum, 24% per annum, and 60 months after the due date of payment with the due date of payment, on the condition that the principal and interest shall be repaid in equal installments each month for 60 months after the due date. ② Under the basic terms and conditions of credit transaction applicable to the above loan, if the payment of the principal and interest of the installment is delayed two consecutive times or more, the Plaintiff lost the benefit of time; ③ as of October 2, 2014, Defendant A lost the benefit of time by delaying the payment of the principal and interest of the above loan from August 10, 2014; and ③ as of October 2, 2014>

2. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 147,028,852 ( = 142,905,152 + 3,942,52 + 181,148 + 142,905,152 of the principal of the loan and damages for delay calculated at the rate of 24% per annum from October 3, 2014 to the date of full payment.

3. The Defendants asserted that they cannot respond to the Plaintiff’s request because they received a decision of commencement upon filing an application for rehabilitation. However, in light of the overall purport of the entries and arguments in Gap evidence No. 4, the rehabilitation procedures against the Defendants (joint stock company A: Daejeon District Court Decision 2014 Ma5015, B: Daejeon District Court Decision 2014 Ma514) can be acknowledged as having been abolished. Thus, the Defendants’ assertion is without merit.

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