logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.11.12 2014가단26969
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 30,000,000 per annum from November 12, 2003 to the day of full payment.

Reasons

1. Facts of premise;

A. On July 11, 2003, the Plaintiff lent KRW 30,000,000 to Defendant B at an annual interest rate of 36%, and the due date of payment on July 10, 2004. Defendant C guaranteed Defendant B’s above loan obligations against the Plaintiff.

B. The Defendants paid interest of KRW 900,000 each month, but only paid from July 2003 to October 2003.

[Ground for recognition] Defendant B: The fact that there is no dispute over Defendant C, each entry of evidence Nos. 1 through 4 (including the serial number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendants are jointly and severally liable to pay to the plaintiff interest or delay damages calculated at the rate of 30% per annum as stipulated in the Interest Limitation Act, as claimed by the plaintiff from November 12, 2003 to November 12, 2003 (the plaintiff is a person who has received interest for four months).

B. Defendant C’s defense of extinctive prescription is proved to have expired the Plaintiff’s above loan claim.

A special contract for the loss of the benefit of time may be divided into two parts: (a) a special contract for the loss of the benefit of time under a condition precedent, which naturally causes the occurrence of a certain cause to the obligee without requiring the obligee’s claim; and (b) a special contract for the loss of the benefit of time, which requires the obligee’s intent to act, such as the obligee’s notice or claim after a certain cause occurs, can only be concluded; and (c) a special contract for the loss of the benefit of time constitutes either one of the two. However, in light of the fact that a special contract for the loss of the benefit of time is for the obligee, it is generally a special contract for the loss of the benefit of time under a condition of suspension, unless there are special circumstances to deem the special

arrow