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(영문) 서울중앙지방법원 2017.06.22 2017가단20034
대여금 등
Text

1. The Defendants are jointly and severally liable to the extent of KRW 13,00,000 for Defendant B and KRW 78,880,622 for the Plaintiff and KRW 33.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of each of the statements and arguments in Gap evidence Nos. 1 and 7, the plaintiff set the maturity on January 25, 200 when granting a loan (hereinafter "the loan agreement of this case") to the defendant A on January 25, 200. The repayment of the principal and interest of the loan of this case as of January 6, 2017 is overdue and the outstanding principal is 3,41,750 won, overdue interest is 45,468,872, and Article 3 (5) of the General Terms and Conditions for Credit Transactions of Banks incorporated into the loan agreement of this case. Under Article 3 (5) of the "if the debtor delays the performance of his obligation to the bank, the amount to be paid immediately shall be paid for the delay equivalent to the number of days calculated on a yearly basis as of January 25, 200, and shall not be paid for the damages for delay within the maximum of 10% per annum of the loan of this case due to changes in financial circumstances and other considerable reasons, the rate of this case can be modified within 30%."

According to the above facts, the defendants are jointly and severally liable, but the defendant B is obligated to pay to the plaintiff a total of 78,880,622 won (=3,411,750 won 45,468,872 won) and the overdue interest calculated at the rate of 15% per annum from January 7, 2017, which is the day following the above basic date to the day of full payment.

B. As to this, the Defendants asserted to the effect that the claim of this case cannot be complied with by the unlawful party. However, the above assertion alone does not constitute a ground to block the claim of this case.

2. If so, the Plaintiff’s instant case.

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