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Reasons
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(영문) 서울중앙지방법원 2016.11.10 2015가단187049
대여금 등
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,095,863 and KRW 78,662,90 among them, from October 10, 2015.

Reasons

1. Facts of recognition;

A. On July 15, 2015, Defendant A entered into an agreement with the Plaintiff on the loan of KRW 80 million, the loan period of KRW 10 million on July 10, 2019, interest rate of 10.9% per annum, interest rate of 10% or 12% per annum, interest rate of repayment plus repayment rate of 10% or 12% per annum according to the frequency of delinquency, and the repayment method of repayment was determined as repayment of principal and interest per 10% per month, and Defendant B jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff within the limit of KRW 104,00,000.

B. Defendant A paid to the Plaintiff KRW 1,337,094 in installments on August 11, 2015 and interest KRW 621,150 in installments from July 15, 2015 to August 9, 2015, but did not pay the Plaintiff two installments thereafter.

According to Article 6(3) of the Terms and Conditions of the Loan of this case, if the customer fails to pay the principal, fees, interest, etc. which the company has to pay to the company for 30 days from the due date, the customer shall lose the benefit of time.

[Reasons for Recognition] 1, 6, 9, and 10 Evidence Nos. 1, 2, 2 through 5, 7, 12, and 13, respectively

2. According to the above facts of determination as to the cause of the claim, Defendant A and Defendant B, as joint and several surety, jointly and severally, are the principal principal of this case to the Plaintiff, and the principal of the loan principal of KRW 78,662,90 (= KRW 80,00,00 - KRW 1,337,094) and the interest rate of KRW 1,432,957 per annum from August 10, 2015 to October 9, 2015 at the rate of KRW 10.9% per annum 1,432,95,863 (=62,906 Won 1,432,957) and the interest rate of KRW 78,62,957 among them shall be paid at the rate of KRW 90 per annum from October 10, 205 to the date of full payment, and damages for delay shall be paid at the rate of KRW 90 per annum 400,000.

3. Judgment on the defendants' assertion

A. Defendant A’s assertion that the Defendants had obtained the instant loan from the Plaintiff.

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