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(영문) 인천지방법원부천지원 2020.08.14 2019가합974
약정금
Text

Defendants shall jointly and severally pay to the Plaintiff KRW 32,200,702 as well as the interest rate from May 18, 2018 to the day of full payment.

Reasons

Based on the facts, the Plaintiff agreed on February 27, 2018 and lent KRW 300,000,000 to Defendant B (hereinafter “Defendant B”) as follows on February 27, 2018.

(hereinafter “The First Loan Agreement”). Defendant B repaid to the Plaintiff KRW 100,000,00 on April 17, 2018, and KRW 50,000,000 on April 19, 2018, and KRW 90,000 on May 1, 2018, respectively.

On May 18, 2018, the Plaintiff agreed to additionally lend KRW 260,00,000 to Defendant B, with a total of KRW 500,000,000,000,000 by adding up the remaining loans under the instant first loan agreement from Defendant B, and was drafted with a certificate of borrowing that Defendant B would repay KRW 650,00,000 to the Plaintiff by June 18, 2018.

(hereinafter “the second loan contract of this case”). Defendant C provided joint and several sureties with respect to Defendant B’s above loan obligations to the Plaintiff on the same day.

[Grounds for recognition: (a) The facts without dispute; (b) Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3; and (c) the purport of the whole pleadings as to the plaintiff's assertion / [the purport of the second loan contract No. 300,000,000 of the loan of this case by May 18, 2018, which is the date of the second loan contract of this case; (c) applying the interest rate of 24% per annum under the provisions of Article 2(1) of the Interest Limitation Act and the highest interest rate of Article 2(1) of the Interest Limitation Act to cover KRW 240,00,000 of the amount repaid by Defendant B in accordance with the legal appropriation of performance, the remaining principal and interest of the loan shall be KRW 72,

Therefore, Defendant C, a joint and several surety, is jointly and severally liable to pay to the Plaintiff the sum of KRW 72,200,704 as well as KRW 260,00,000 on the leased principal under the second loan agreement of this case, and the damages for delay calculated by 24% per annum from May 18, 2018 to the date of full payment.

The judgment on the cause of the claim is based on Article 2(1), (3), and (4) of the Interest Limitation Act, and Article 2 of the Interest Limitation Act.

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