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(영문) 서울북부지방법원 2016.11.25 2016가단4829
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 130,000,000 won and 24% per annum from July 1, 2015 to the date of full payment.

Reasons

1. On February 17, 2014, the Plaintiff agreed to lend KRW 130 million to Defendant C from the underground parking lot in the cafeteria located in Sungnam-si, Sungnam-si, to Defendant C. The debtor set the debtor’s Defendant C, the joint guarantor’s maturity date, May 17, 2014, and interest at 2% per month. Defendant B paid to the Plaintiff KRW 52 million on June 20, 2014, and KRW 26 million on July 14, 2014, respectively, may be recognized by the respective descriptions in subparagraphs 1, 3 through 7 and the entire purport of arguments, or there is no dispute between the parties.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 130 million and damages for delay calculated by the rate of 24% per annum from July 1, 2015 to the date of full payment, which is the first day of the interest accrued after June 1, 2015, which is the last interest paid by the Plaintiff, as sought by the Plaintiff after the loan date.

As to this, the Defendants asserted that on February 17, 2014, the Plaintiff created the right to collateral security of KRW 150 million with respect to the whole share of Defendant C among the land of Gyeonggi-si, Gwangju-si, or that on December 3, 2014, the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s share of KRW 150 million with respect to the whole share of Defendant C, or that on December 3, 2014, the Defendants settled all of the Plaintiff’s debt to

2. The plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.

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