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(영문) 서울중앙지방법원 2016.12.21 2016나43963
대여금 등
Text

1. Of the judgments of the first instance court, the part of the defendant in the judgment shall be modified as follows:

The defendant shall pay to the plaintiff KRW 18,882,910 and its importance.

Reasons

1. Facts of recognition;

A. On October 11, 2010 under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Dong Act”), the Presidential Decree of the Gyeonggi-do Veterans Organization affiliated with the Plaintiff set a loan to the Defendant on October 11, 2010, KRW 3 million as the name of a living stabilization loan (YY, September 25, 2014) and KRW 20 million as the name of a business loan (YY, September 25, 2018), with interest rate of KRW 3% per annum, and with interest rate of KRW 20 million per annum, the principal and interest rate of KRW 25 million per annum, and with interest rate of 6% per annum if delayed (hereinafter “instant loan in the name of a living stabilization loan”), and the co-defendants in the first instance trial, with respect to each of the above loans, jointly and severally guaranteed by the Defendant.

B. The Defendant did not pay the principal and interest even after maturity of the instant loan, and did not pay the principal and interest of the instant loan in installments, and the Plaintiff filed the instant lawsuit seeking full payment of the principal and interest of each of the instant loans. The duplicate of the complaint reached the Defendant on March 9, 2016, and reached the Defendant’s joint Defendant B of the first instance trial on June 8, 2016, respectively.

C. As of January 25, 2016, the principal and interest of the instant loan No. 1 in total amount of KRW 801,850 (principal KRW 660,890, interest and overdue interest KRW 140,960) and the principal and interest of the instant loan No. 2 in total of KRW 18,081,060 (principal principal KRW 16,288,850, interest and overdue interest KRW 1,792,210).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion at the maturity of the first lease of this case, and the Defendant lost its interest due to delinquency in the division of the principal and interest of the second lease of this case. As such, the Defendant is obligated to pay damages for delay from the date following the relevant base date to the sum of the principal and interest of each of the above loans as of January 25, 2016 (18,882,910 won (18,850 won) and the principal amount of 16,949,740 won (16,890 won) among them (660,890 won).

B. The defendant's second lease of this case is asserted by the defendant.

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