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(영문) 서울남부지방법원 2020.07.10 2020가단229578
대여금
Text

1. The defendant shall not exceed KRW 192,380,00 for the plaintiff, KRW 157,260,90 for the plaintiff and KRW 155,163,420 for the plaintiff.

Reasons

The Plaintiff entered into a loan agreement with C on October 18, 2018 with a loan amount of KRW 173,10,00,00 per annum, 6.9% per annum, 9.9% per annum, period of loan, 74 months, and 192,380,000 under the terms and conditions of equal repayment of principal and interest (an agreement on loss of interest for the period of non-performance), and as at the time, the Defendant guaranteed the loan obligations with the maximum amount of the guaranteed obligation of KRW 192,380,00, and C lost the due interest due to arrears from December 20, 2019. Accordingly, as of January 30, 2020, there is no dispute between the parties as to the loan obligation of KRW 157,260,90 (= Principal amount of KRW 155,163,420, 2057, 3530,136).

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 9.9% per annum from January 31, 2020 to the date of full payment of the loan principal of KRW 157,260,90 as well as KRW 155,163,420 as to the loan principal of KRW 155,163,420, within the maximum of KRW 192,380,00, the maximum amount of the guaranteed obligation.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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