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(영문) 수원지방법원안산지원 2013.11.21 2012가합9208
대여금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 57,160,000 to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) and its related amount from September 27, 2013 to November 201, 2013.

Reasons

1. Determination as to the cause of the principal claim

A. On May 23, 2006, the Plaintiff asserted that the Plaintiff lent KRW 50,000,000 to Defendant B Educational Association at interest rate of KRW 6.7% per annum and on May 23, 2009.

(hereinafter referred to as “first loan”). Defendant C, on the same day, jointly and severally guaranteed the first loan obligation of Defendant B church to the Plaintiff.

In addition, on December 1, 2006, the Plaintiff agreed to lend KRW 70,000,000 to Defendant B Educational Association on December 1, 2009, with the due date for repayment as of December 1, 2009, the interest rate shall be 15% per annum if Defendant B Educational Association repaid the above loan by the due date, and 25% per annum if it does not repay the loan by the due date. In addition, the Plaintiff agreed to receive money equivalent to 40% of the above loan as additional interest from Defendant B Educational Association.

(hereinafter referred to as “second loan”). Defendant C, D, and E guaranteed the second loan obligation of Defendant B church on the same day.

On the other hand, until May 2012, Defendant B made each payment to the Plaintiff of the total amount of interest on the first loan accrued up to that time and the interest on the second loan, 10% per annum.

Therefore, Defendant B Educational Association and C are jointly and severally liable to pay the Plaintiff the first loan of KRW 50,000,000 and the interest or delay damages therefor.

In addition, the Defendants are jointly and severally obligated to pay to the Plaintiff the interest accrued at the rate of 15% per annum from December 1, 2006, which was the date of loan, to May 31, 2012, which was 70,000,000, and interest accrued at the rate of 25,647,541 won per annum from May 31, 2012, and the agreed interest accrued at the rate of 28,00,000,000 (=70,000,000 x 0.4) per annum 123,647,541 won per annum (=7,647,541 won) and interest accrued at the rate of 70,00,000,000 won per annum from May 31, 2012, and interest accrued at the rate of 28,000,000 won per annum.

B. First, we examine the loan No. 1.

It is not enough to recognize that the Plaintiff lent KRW 50,00,00 to Defendant B, only with the descriptions of Gap evidence Nos. 3 and 5 (Detailed Statement) and Gap evidence Nos. 6 (Statement).

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