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(영문) 대전지방법원 2016.09.01 2015가단35222
약정금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 75,00,000 and against the Defendant B, from September 5, 2015.

Reasons

1. Basic facts

A. On June 27, 2005, the Plaintiff lent the following loans to Defendant B, and Defendant C guaranteed the Plaintiff’s obligation to the Plaintiff on the same day.

The loan interest rate of 15,00,000 won monthly 2% on October 27, 2005 shall be 2% on October 27, 2005 2% on March 20, 2006

On August 24, 2012, Defendant B promised to pay to the Plaintiff KRW 1,500,000 per month as interest on principal from August 27, 2012 to December 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 75,00,000,000 and to the Defendant B the delay damages according to the agreed rate of 24% per annum from September 5, 2015, after serving the original copy of the instant payment order with respect to the Defendant C, and from September 16, 2015, after serving the original copy of the instant payment order with respect to the Defendant C, to the day of full payment.

3. Claims by the Defendants and determination thereof

A. Defendant B’s assertion on January 2005 received KRW 50,000,000 from D and repaid to the Plaintiff the remainder to the Plaintiff. The Defendants also repaid the remainder to the Plaintiff.

B. The aforementioned evidence and the purport of the entire pleadings are as follows. ① Defendant B promised to pay interest on principal to the Plaintiff on August 24, 2012: (i) the monthly interest rate of KRW 1,500,000 per month on the principal amount of KRW 75,00,000; and (ii) according to each of the evidence Nos. B’s evidence Nos. 1 through 3, and 5, Defendant B was admitted to the accounts operated by Defendant B; (iii) the Defendants were included in the statement of transactions from July 27, 2004 to January 15, 201, but in light of the above, the Defendants appears to have failed to pay the principal amount to the Plaintiff on or before August 24, 2012; and (iii) the statement of transactions No. 4 in the Plaintiff’s account under the name of the Defendants from July 29, 2010 to December 15, 2014.

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