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(영문) 서울남부지방법원 2018.04.24 2017가단252462
대여금
Text

1. The Defendants jointly and severally against the Plaintiff

(a) As regards KRW 318,145,704 and its 202,494,889 among them, from October 9, 2017.

Reasons

1. Facts of recognition;

A. On March 30, 2011, the Plaintiff loaned KRW 850,000,000 to Defendant A for business start-up support funds under the following agreement, and Defendant B jointly and severally guaranteed Defendant A’s above loan obligations amounting to KRW 1,02,00,000,000,000.

Article 1 (Terms and Conditions of Loans) The agreed interest rate of 3.68% per annum, interest rate of 12% per annum, interest rate of 3.68% per annum for 12% per annum on March 29, 2019, and for 5 years, repayment shall be made in equal installments on the date of each month on the date of repayment in accordance with the schedule of repayment of principal and interest pursuant to the schedule of repayment of principal and interest.

(3) When a person fails to perform his/her obligation on the expiration date of the lending period or loses the benefit of time under Article 6 of the basic terms and conditions of the lending, he/she shall pay damages for delay on the balance of the loan immediately

B. Since then, Defendant A lost the benefit of June 30, 2016 due to delayed repayment of the principal and interest as the principal debtor.

C. The amount of the Plaintiff’s loan claim is KRW 318,145,704 as of October 8, 2017 (i.e., interest accrued until the date of loss of profit due to the due date of KRW 176,897,701 (i.e., interest accrued until the date of loss of profit due to the due date of KRW 115,650,815).

2. The assertion and judgment

A. According to the above facts, Defendant A is obligated to pay to the Plaintiff the sum of the principal and interest of KRW 318,145,704 as the principal debtor and KRW 202,494,889 among them (=interest of KRW 176,897,701 and KRW 25,597,188), which is the following day of the base date, to the Defendants from October 9, 2017 to October 25, 2017, the agreed interest rate of KRW 12%, which is the delayed interest rate for the period from October 25, 2017, and KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment. Defendant B, a joint and several surety, is jointly and severally liable to pay the said amount within the limit of KRW 1,02,00,000,000,000,00.

(b) this;

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