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(영문) 서울동부지방법원 2020.02.14 2018가합108665
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 618,133,143 and KRW 575,205,479.

Reasons

1. Basic facts

A. From July 2009, the Plaintiff agreed to lend KRW 500 million to the Defendants at the expiration of six months from the date of repayment, interest KRW 100 million, and delay damages rate at 40% per annum, and the Defendants jointly and severally agreed to assume obligations under the above contract (hereinafter “first loan agreement”). B. On February 1, 2010, the Plaintiff drafted a loan agreement for consumption under which the Defendants jointly and severally agreed to pay the said contractual obligations (hereinafter “the first loan agreement”). On January 31, 2011, the Plaintiff agreed to provide the Defendants with a total of KRW 500 million per annum and interest KRW 100 million per annum and KRW 40% per annum with the due date set at 12% per annum, and the Defendants jointly and severally agreed to pay the contractual obligations. The Plaintiff and the Defendants signed the loan agreement under which each of the above loan for consumption was modified to the effect that each of the loan for consumption was made on July 16, 2010 (hereinafter “the second loan agreement”).

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is jointly and severally liable to pay to the Plaintiff 4,778,082 won, interest rate of 12% per annum from February 1, 2010 to September 15, 2010, calculated at the rate of 30% per annum, which is the maximum interest rate under the Interest Limitation Act, from September 16, 2010 to July 14, 2014, 689,424,657 won, and from July 15, 2014 to February 7, 2018, 535,890,410 won per annum, which is the maximum interest rate of 25% under the Interest Limitation Act, to the Plaintiff during the period from September 16, 2010 to July 14, 2014.

B. The basis of the judgment as to the conclusion of the first and second loan for consumption is as seen earlier.

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