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(영문) 서울남부지방법원 2015.05.19 2015가합84
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150,000 and KRW 130,000,000 among them, from July 28, 2008 to July 208.

Reasons

1. Basic facts

A. On July 28, 2008, the Plaintiff loaned 130 million won (hereinafter “the first loan”) to the Defendant Han Jae-gu Co., Ltd. on October 29, 2008 due date, 12% per annum (1% per annum), and delayed compensation on October 29, 2008, 4% per month as to the overdue interest and interest, and Defendant B guaranteed the Plaintiff’s joint and several obligations against the Plaintiff on the same day. (b) On November 12, 2008, the Plaintiff paid 20 million won (hereinafter “20 million won”) to the Defendant Han Han-gu Co., Ltd., Ltd. on December 29, 2008, with the due date for repayment of 20 million won per annum 24% per annum (2% per annum), and the delayed compensation as to the principal and interest as 4% per annum of the said Defendant Co., Ltd. on the same date, the Plaintiff loaned the loan to the same Defendant Co., Ltd. on the same date.

[Ground of recognition] Defendant B: Judgment by service (Article 208(3)3 of the Civil Procedure Act)

2. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the amount of KRW 150 million in total of the first and second loans ( KRW 130 million in total) and KRW 130 million in the first loans from July 28, 2008 to October 29, 2008, which is due date of the loan, the interest rate of KRW 12% per annum from July 29, 2008, which is due date of the loan, and the interest rate of KRW 25% per annum from the next day to the date of full payment, calculated by the rate of interest rate of KRW 25% per annum from the next day to the date of full payment, as requested by the plaintiff, and with respect to KRW 20 million in the second loans from November 12, 2008 to December 29, 2008, the interest rate of KRW 25% per annum from the next day of the loan to the date of full payment.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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