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Reasons
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(영문) 인천지방법원부천지원 2014.08.20 2014가합2180
차용금
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1. The defendant shall pay 200,000,000 won to the plaintiffs and 24% per annum from June 29, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On January 31, 2011, the Plaintiffs leased KRW 200 million (hereinafter “instant loan”) to D on July 31, 2011, with interest rate of KRW 15% (1.25% per annum). By June 29, 2011, D merely paid KRW 11,875,000 as interest on the instant loan by June 29, 201, and did not repay the said loan.

B. On July 29, 2011, the Plaintiffs agreed to change the repayment period of the instant loan to October 28, 201 and the interest to 2% per month, respectively, between D and D. On November 1, 2011, the said repayment period was extended again until December 10, 2011.

C. D’s failure to repay the instant loan, the Plaintiffs demanded D, June 4, 2012, to prepare the following loan certificates (hereinafter “the instant loan certificates”), and the Defendant signed and sealed the instant loan certificates as a joint and several surety.

1. Principal: 200,000 won;

2. Interest rate: 24% per annum;

3. Paid interest: Payment on the 28th day of each month;

4. Other 1) The interest in arrears amounting to KRW 27 million (from October 28, 201 to May 28, 2012) shall be repaid until August 30, 2012) the principal amount of KRW 200 million shall be repaid until December 30, 2012) the principal amount of KRW 200 million shall be repaid until December 30, 2012, after adjusting the interest rate of KRW 12 percent per annum in December 30, 2012.

D. Meanwhile, the Plaintiffs were additionally paid KRW 47,000,000 in total from September 7, 2011 to September 6, 2013 as interest on the instant loans from D.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. As seen earlier, D’s determination as to the cause of the instant claim paid the Plaintiffs a total of KRW 58,875,000 (= KRW 11,875,000) (i.e., KRW 47,000,000). However, from January 31, 201, the date of the instant loan to July 31, 201, for which the Plaintiffs seek from January 31, 2011, the interest rate of KRW 15,00,000 (= KRW 200 million x KRW 1.25% per month per initial agreement x six months) was 34 days following the instant loan.

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