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(영문) 서울북부지방법원 2016.01.14 2014가단49408
대여금등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 177,60,507 and KRW 84,590,027 among them, from December 12, 2014.

Reasons

1. Basic facts

A. On March 29, 2011, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan agreement”) with Defendant A by setting the loan amount of KRW 690,00,000, interest rate of KRW 2200,000, interest rate of delay rate, and liquidated damages rate of KRW 22% per annum. At the same time, Defendant B entered into a joint and several loan transaction agreement with Defendant B, at the same time, set the maximum guarantee limit of KRW 904,80,00 with respect to the above loan transaction agreement and set the collateral security as KRW 1,302, 402, 501, and 502, Nam-gu, Incheon Metropolitan City.

B. As Defendant A loses the benefit due to his failure to pay the principal and interest of the loan at once, the Plaintiff received a total of KRW 268,080,703 from December 27, 2013 at the auction procedure that started by filing an application for a voluntary auction on the said real estate owned by Defendant B and appropriated the principal and interest of the loan.

C. As to the instant loan agreement, as of December 12, 2014, the principal and interest of the loan amounting to KRW 177,60,507 in total (i.e., KRW 84,590,027 in interest of KRW 93,010,480 in interest of KRW 84,590 in total).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. According to the above facts, the Defendants are jointly and severally liable to pay the Plaintiff interest in arrears at the rate of 22% per annum, which is the agreed delay damages rate from December 12, 2014 to the date of full payment, for the total amount of 177,60,507 won and the principal amount of 84,590,027 won, which are the principal.

Therefore, the plaintiff's claim of this case is justified, and all of them are accepted, and it is so decided as per Disposition.

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