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(영문) 서울중앙지방법원 2015.04.02 2014가합33463
차용금
Text

1. As to Defendant B’s KRW 825,00,000 and its KRW 800,000 among them, Defendant B shall be from May 17, 2004, and KRW 25,000,000.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition 1) Defendant B borrowed KRW 900 million from the Plaintiff on April 16, 2004, and agreed on September 16, 2004 through nine times each month from April 16, 2004 to December 16, 2004 that the payment shall be made in 100 million won, and the payment shall be made immediately after delay, shall lose the benefit of the period and shall pay the remainder in full at once. However, Defendant B paid KRW 100 million to the Plaintiff on April 16, 2004, and the latter did not pay the loan thereafter. 2) On April 30, 2004, the Plaintiff set the repayment period of KRW 25 million to Defendant B on May 30, 2004.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1 and 2-2, the purport of the whole pleadings

B. According to the above facts of determination, Defendant B is obligated to pay damages for delay from May 17, 2004, which is the day following the date of loss of the remainder of the borrowed amount of KRW 800 million and the following day after the date of loss of the above time limit, since it has lost the benefit of May 16, 2004 as to the borrowed amount of April 16, 2004.

In addition, as the loan amount of 25 million won as of April 30, 2004 and after the due date, the plaintiff is obligated to pay damages for delay from June 1, 2004, which the plaintiff seeks.

Ultimately, Defendant B is obligated to pay to the Plaintiff the total amount of KRW 825 billion (i.e., KRW 80 million) and KRW 800 million from May 17, 2004 to KRW 25 million, and to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 1, 2004 to November 11, 2014, which is the delivery date of a duplicate of the application for the payment order of this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination as to the claim against Defendant C

A. At the time of borrowing KRW 900 million from the Plaintiff on April 16, 2004, Defendant C jointly and severally guaranteed the obligation to return the borrowed money to the Plaintiff by Defendant B.

Therefore, Defendant C is jointly and severally liable to the Plaintiff with Defendant B for the aforementioned KRW 900 million.

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