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(영문) 대전지방법원 2016.01.14 2015가단209320
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 106,179,862 and KRW 30,000,000 among them.

Reasons

1. Basic facts

A. On June 1, 2002, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) received a loan from the Plaintiff on June 1, 2002 at KRW 500 million per annum, interest rate of KRW 13.5% per annum, interest rate of KRW 23% per annum, and due date of payment on June 1, 2004 (hereinafter “instant loan”); Defendant C guaranteed the above loan’s obligation at the time; the amount of KRW 470 million was recovered out of the above loan; Defendant C filed a lawsuit claiming the return of the loan against the Defendants on April 19, 2006; Defendant Co., Ltd. jointly and severally filed a lawsuit claiming the return of the loan ( Daejeon District Court Decision 2005Da21293) with the Defendants on April 19, 2006, the amount calculated at the rate of KRW 30,00,000 per annum from the following day to the date of June 31, 2004, respectively.

"The facts that the above judgment became final and conclusive after the judgment was rendered, and the facts that the defendant A was dissolved pursuant to Article 520-2 (1) of the Commercial Act on December 2, 2013 can be acknowledged by adding the whole purport of pleadings to the statements in Gap 1 through 4.

B. As of March 17, 2015, the outstanding balance of the loans of the Defendants as of March 17, 2015 (i.e., KRW 30,00,000 of the loaned principal + Interest 1,697,671 won at the rate of 13.5% per annum from January 1, 2014 to June 1, 2004 + 3,940% per annum from June 2, 2004 to March 16, 2015).

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 106,179,862 of the principal and interest of the loan and KRW 30 million of the balance of the loan principal at the rate of 23% per annum, which is the agreed interest rate from March 17, 2015 to the date of full payment. Accordingly, the Plaintiff’s claim against the Defendants is accepted.

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