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(영문) 광주지방법원해남지원 2020.05.26 2019가단203122
대여금
Text

1. The Plaintiff:

A. Defendant B shall have full payment of KRW 31,314,541 and KRW 31,208,462 among them from February 1, 2019.

Reasons

1. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The Plaintiff loaned Defendant B with the interest rate of KRW 1.475 million on March 8, 2016, KRW 2.5 million on March 9, 2016, KRW 3.10 million on March 22, 2016, KRW 4.15 million on July 15, 2016, KRW 50 million on May 3, 2016, KRW 44.75 million (i.e., KRW 1., KRW 1.475 million, KRW 1.5 million, KRW 1.5 million on April 1, 201, KRW 5 million on April 5, 201, KRW 300 on the loan (hereinafter the above “loan”) and KRW 4.5 million on April 3, 200, KRW 5 million on the loan.

() Defendant C jointly and severally guaranteed the Defendant B’s obligation to return the instant loans 1, 2, and 3. (2) The Plaintiff received from the Defendants the payment of loans 2,550,000 won (=2,450,000 won x 7,000 won x 333 times) (i.e., KRW 70,000 x 1 x 23,25,26,28,29,31, and 33 through 38) as indicated in attached Table 1 from April 12, 2016 to January 12, 2019 (i.e., Attached Table 1 x 23,25,000 won) as interest on loans 1,2, and 2,450,000 won (i.e., KRW 305,300,000) as loans x 2,53130,000 won).

3) Accordingly, Defendant B is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 24% per annum, which is the highest interest rate under the Interest Limitation Act from February 1, 2019 to the day of full payment (=the total amount of KRW 2,975 million (= KRW 1,4750,000) - The total amount of KRW 1,50,000,000 for the principal of the instant loans of KRW 1,2,300,000,000 (=the total amount of KRW 1,00,000) and the total amount of KRW 4,755,00,000 for the instant loans of KRW 1,475,00,000) as the final interest payment date) and the final interest payment date. Defendant C is jointly and severally liable with Defendant B to pay the interest or delay damages calculated at the rate of KRW 2,475,00,00 for the instant loans (= the instant loans of KRW 1,2,3375,50,00.

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