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(영문) 서울중앙지방법원 2017.07.21 2016가합12033
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 285,051,018 and the interest thereon from July 28, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 3, 2011, the Plaintiff leased KRW 200,000,00 to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at the due date for reimbursement of KRW 100,000 on October 5, 2012, interest rate of KRW 100,000 (interest rate of KRW 5% per annum). The Defendant Company offered as security the sales contract form on the land E apartment No. 102, 501 and 502 on the land, non-Party D, and Defendant C jointly and severally guaranteed the above loan obligation.

B. On December 27, 2011, the Plaintiff leased KRW 200,000,000 to the Defendant Company as the due date for payment on October 30, 2012 (interest rate of KRW 100,000,000 (interest rate of KRW 5% per annum). In order to secure the above loan obligation, the Defendant Company provided the above E Apartment 104,501 and 502 as security, and the Defendant C jointly and severally guaranteed the above loan obligation.

The above:

(a) and (b)

the terms of the lending agreement in this subsection shall be referred to as "each of the instant lending agreements."

(C) Pursuant to each of the instant lending agreements, the Plaintiff remitted each of the instant loans to the Defendant Company’s account; KRW 200,000,000 on December 6, 2011; KRW 150,000,000 on December 23, 2011; and KRW 50,000,00 on December 27, 201, respectively. [In the absence of any dispute over the grounds for recognition; the entries in subparagraphs A through 6; the purport of the entire pleadings; and the purport of the entire pleadings.

2. The Plaintiff’s assertion that the Defendant repaid to the Plaintiff KRW 428,00,00 in total from November 28, 2012 to May 23, 2016. This was fully appropriated to the Plaintiff for the interest and delay damages as the total amount of KRW 400,00,000 in total of the leased principal under each of the instant lending agreements and the interest and delay damages calculated at the rate of KRW 25% per annum under the Interest Limitation Act from the date of payment of each of the loans until March 28, 2016.

In addition, the Plaintiff collected KRW 94,411,620 in total from July 7, 2016 to July 27, 2016 from the Defendant, and the amount of the collected amount is KRW 400,000,000 in total of the leased principal and damages for delay from March 29, 2016 to July 27, 2016, the amount of the collected amount is first appropriated for the damages for delay, and the remainder is 61,260,936 = 94,41,620 in total, 33,150 in total.

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