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(영문) 서울중앙지방법원 2015.12.10 2015가단60397
대여금
Text

1. The Plaintiff:

A. The Defendants shall jointly and severally pay KRW 80,237,961 as well as KRW 72,00,000 among them, from March 28, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff [the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”)]

') The registered credit service provider as set out in the following table entered into a loan agreement with the Defendant Company as set out in the following table, and the Defendant A jointly guaranteed the above loan obligation, and the Defendant A entered into a loan agreement with the No. 2 as set out below, and loaned the relevant loan to the Defendant A.

The overdue interest rate shall apply to the principal where interest is not paid on the fixed date after October 25, 2012, 80,000,000 on the overdue interest rate for the due date of the loan (won) due on the date of the first installment (amended by September 25, 2013). 38% per annum 36% per annum since September 30, 2013, 200 per annum 36% per annum 40,000,000,00 on September 30, 2013.

B. The Defendant Company paid the remainder of the principal and interest (excluding KRW 8,237,961 among the agreed interest and overdue interest, and KRW 72,000,000 among the principal, out of the agreed interest and overdue interest until March 27, 2015 with respect to the loans No. 1 above priority order (including KRW 23,260,572, which the Plaintiff received as dividends on March 27, 2005 and appropriated for payment of expenses, interest, etc.), and Defendant A paid the agreed amount and KRW 400,000 among the principal and interest, up to December 27, 2013 with respect to the loans No. 2 above priority order.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1-1, 2-2, and Gap evidence 2-1 through 4, and purport of whole pleadings]

2. Determination

A. According to the facts found in the judgment as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of remaining loans as of March 27, 2015 as of March 27, 2015 and damages for delay calculated at the rate of 36% per annum agreed within the limited interest rate under the Credit Business Act from March 28, 2015 to the date of full payment. Defendant A is jointly and severally liable to pay damages for delay calculated at the rate of 80,237,961 of the total principal and interest of remaining loans as of March 27, 2015.

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