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(영문) 부산지방법원서부지원 2019.08.13 2019가단104615
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 103,259,120 as well as KRW 101,81,237 as to the Plaintiff’s KRW 101,81,237.

Reasons

On March 24, 2017, the Plaintiff set up a right to collateral security (the maximum debt amount of KRW 184.6 million) to Defendant C on March 24, 2017, and set the due date for repayment of KRW 184.6 million on a yearly basis, 73 months from the date of loan, interest rate of KRW 5.9% per annum, interest rate of arrears, 25% per annum, and repayment method by setting the repayment method as equal installment repayment of principal and interest. Defendant C guaranteed the above loan debt of Defendant C on the same day. Defendant C disposed of the above Tra, and terminated the above loan contract on December 3, 2018; Defendant C disposed of the above Tra; Defendant C’s principal and interest amount of KRW 101,811,237 and overdue interest amount of KRW 103,259,120 as of January 11, 2019; and Defendant C unpaid the amount of KRW 103,259,120.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 103,259,120 won in total and 101,811,237 won in total with the loan principal from January 12, 2019 to the day of full payment. The defendants are jointly and severally liable to pay damages for delay calculated at the rate of 24% per annum to the plaintiff within the maximum of the maximum interest rate under the Interest Limitation Act.

Therefore, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition.

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