logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.08.21 2018가단221854
대여금
Text

1. The Defendants shall be jointly and severally liable to the Plaintiff within the limit of KRW 58,500,00, and Defendant B shall not exceed KRW 39,269,491 and 38,393 among them.

Reasons

1. Facts of recognition;

A. On April 12, 2017, the Plaintiff leased KRW 45 million to Defendant Limited Company A (hereinafter “Defendant Company”) by setting the interest rate of KRW 9.9% per annum, interest rate of KRW 25% per annum, and due date of repayment on April 11, 2020. Defendant B guaranteed the above loan obligations within the scope of KRW 58.5 million.

B. From November 20, 2017, Defendant Company lost its interest due to delinquency in the payment of the principal and interest, and as of January 8, 2018, the principal and interest of the loan as of January 8, 2018 are the total of KRW 39,269,491, including the principal and interest of KRW 38,393,070, interest of KRW 810,098, interest of KRW 66,323.

[Ground of recognition] Facts without dispute, Gap 1 and 3 evidence, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable, and Defendant B is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 25% per annum from January 9, 2018 to the date of full payment, with respect to the total amount of the principal and interest of the loan of KRW 39,269,491, and the principal amount of KRW 38,393,070, which is the following day, within the limit of KRW 58.5 million.

As to this, the defendants asserted that the plaintiff was partly repaid the principal and interest of the above loan through the seizure, etc.

However, there is no evidence to prove the above facts, so the defendants' defense is without merit.

3. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

arrow