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(영문) 울산지방법원 2016.04.22 2015가단27155
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 22,924,222 on the Plaintiff and as a result, from October 25, 2015 to October 29, 2015.

Reasons

1. Facts of recognition;

A. On July 7, 2009, Defendant A received a loan of KRW 30 million from the Plaintiff at 10.95% per annum (20% per annum in the case of delayed payment) and decided to lose the benefit of time and pay the principal and interest in lump sum when the loan is not repaid in accordance with the agreed principal and interest repayment method or when the payment of interest is delayed.

Defendant B and C guaranteed the above loans owed by Defendant A on the same day.

B. Defendant A did not properly perform the repayment of principal and interest under the foregoing loan agreement.

As of the date of the closing of argument, the principal of the above loan remains 22,924,222 won, and interest is not paid from October 25, 2015.

[Ground for Recognition] Defendant A and C: The judgment deemed as a confession (Article 208(3)2 of the Civil Procedure Act): The fact that there is no dispute; the evidence No. 1-3; the evidence No. 2-1 and No. 2-2; the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant B and C, as the principal debtor, are jointly and severally liable to pay to the Plaintiff the remaining principal amount of KRW 22,924,222 as well as damages for delay calculated at the rate of 10.95% per annum, which is the agreed interest rate, from October 25, 2015 to October 29, 2015, and from October 30, 2015, from which the obligation to pay the above loan was overdue to the date of complete payment.

3. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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