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(영문) 서울동부지방법원 2015.10.23 2015가단107428
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 20,460,742 and KRW 20,139,455 from February 7, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 26, 2012, the Plaintiff extended a loan of KRW 35.2 million to Nonparty B, with interest rate of KRW 8.95%, the period of the loan shall be 60 months, the monthly payment shall be 729,841 won, the 25th day of each month, the overdue interest rate shall be 24%, and the interest rate shall be 24%, respectively, and the Defendant jointly and severally guaranteed the loan agreement.

Although the Defendant asserts that there was no signature or seal on the joint and several surety column for the loan application, according to the purport of the entire pleadings, the Defendant submitted a certificate of personal seal impression issued under the name of the Defendant and a certified copy of a resident registration card issued at the Dong office having jurisdiction over the Defendant’s domicile on June 25, 2012, which is the day before the loan date, to the Plaintiff, respectively, and the Defendant has affixed the same seal as the Defendant’s personal seal impression affixed on the loan application form, and the copy of the Defendant’s resident registration certificate is attached. In full view of this, the evidence No. 1 is presumed to be a document duly formed by the Defendant’s intent.

B. B paid the principal and interest by November 25, 2014, and did not pay the principal and interest from December 25, 2014, thereby losing the benefit of time on January 25, 2014 pursuant to Article 8(2)1 and 2 of the Framework Act on Credit Transactions.

C. The unpaid principal and interest of loan unpaid by B is KRW 20,460,742 in total of KRW 20,139,455 in principal as of February 6, 2015, and KRW 321,870 in interest and damages for delay.

On January 14, 2015, the Plaintiff sent a notice to the Defendant that the interest of time would be lost on January 28, 2015 in relation to the repayment of the principal and interest of loan under the above B by content-certified mail.

[Grounds for recognition] Evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the above facts of determination, B, the primary debtor, is obligated to pay damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate of 24% from February 7, 2015 to the date of full payment, with respect to the remaining interest rate of 20,460,742 won and the principal amount of 20,139,455 won.

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