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Reasons
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(영문) 춘천지방법원 2017.07.06 2016가단7954
대여금
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1. The Defendants jointly and severally against the Plaintiff KRW 33,593,442 and KRW 10,00,000 among them, Defendant B shall be jointly and severally liable to the Plaintiff for the payment of KRW 33,593,442.

Reasons

1. Determination as to the claim against the defendant B

A. On April 17, 2006, Defendant B borrowed KRW 10,000,00 from the Plaintiff, and agreed that the due date for repayment shall be 24% per annum until September 17, 2006, and the Defendant C jointly and severally guaranteed the obligation. (2) The Plaintiff jointly and severally with Defendant C to the Defendant B for a interest rate of KRW 10,000,000 and interest thereon from May 18, 2006 to March 16, 2016; and (3),802,740, the sum of KRW 33,802,740, and the sum of KRW 10,000 among them, and damages for delay shall be paid at the interest rate of KRW 15% per annum from the day following the delivery of a copy of the instant complaint to KRW 10,000,000.

B. From May 18, 2006 to March 16, 2016, the interest amounting to KRW 23,593,442 ( KRW 10,00,000 X 0.24 X X X 0.24,000 KRW X X 0.24 X 304/366, and less than KRW 15% interest rate is jointly and severally with Defendant C, and the Plaintiff is liable to pay KRW 33,593,442 and KRW 10,00,000,00 from April 30, 2017 to the day of complete payment.

(b) Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C

A. On April 17, 2006, the Plaintiff asserted that Defendant B borrowed KRW 10,00,000 from the Plaintiff on April 17, 2006, and agreed to KRW 24% per annum and interest rate until September 17, 2006, and Defendant C jointly and severally guaranteed the obligation to pay to the Plaintiff KRW 10,00,000 and interest rate of KRW 24% per annum from May 18, 2006 to March 16, 2016, Defendant C is jointly and severally and severally liable to pay to the Plaintiff damages for delay at the interest rate of KRW 15% per annum from the day following the delivery of a copy of the instant complaint to KRW 10,00,000,00.

As to this, Defendant C asserts that there is no fact of joint and several sureties.

B. The following facts are the purport of the entire pleadings in each entry of Gap evidence 1, Gap evidence 2, Gap evidence 3, and Gap evidence 7:

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