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(영문) 서울중앙지방법원 2015.12.08 2014가단257989
대여금등
Text

1. The Defendant’s KRW 36,130,904 to the Plaintiff within the limit of KRW 37,000,000 and KRW 25,852,40 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, 12, 2, 13, and 4, the Defendant entered into a contract for collateral guarantee with the Plaintiff with the maximum guarantee amount of KRW 37 million in lending KRW 29 million from the Plaintiff on March 14, 2008 at the interest rate of KRW 4.5% per annum and KRW 9% per annum. The Defendant is obligated to pay the Plaintiff the principal and interest of the above loan as of July 21, 2014 at the rate of KRW 25,852,40, interest rate of KRW 400, interest rate of KRW 49,410 from the day following the date of the above loan as of July 21, 2014. The Defendant is obligated to pay the Plaintiff the principal and interest of KRW 37,000,000 per annum and delay damages rate of KRW 36,130,400 per annum and KRW 25,2015.

(1) The defendant asserts that the interest rate of delay damages prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been changed from 20% to 15% per annum, and that the defendant himself was not qualified as a guarantor when he obtains a loan from the plaintiff (the plaintiff's claim is dismissed). In order to prepare medical treatment expenses for the treatment of the child's disease, he entered into a contract of guarantee for repayment of the loan, and he was only paid the fee, so he is liable only for the money he received as a fee, but this part of the defendant's claim is without merit.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim of the plaintiff is dismissed as it is without merit. It is so decided as per Disposition.

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