logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.17 2016나52073
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

As between May 20, 2015 and June 5, 2015, the Plaintiff entered into a loan agreement with co-defendant A of the first instance court under the same conditions as indicated in the table below, and the Co-Defendant B of the first instance court (hereinafter referred to as “limited liability company”) entered into a joint and several guarantee for all the obligations listed in the table Nos. 1 and 6, respectively.

[Attachment 1] The interest rate of KRW 30 (Annual interest rate) interest rate of KRW 13,00 on May 20, 2015 and KRW 24.8% on May 29, 2015, Plaintiff A B did not have for 48 months, and KRW 24% on November 24, 200, KRW 26% on June 3, 2015, Plaintiff A B, 36 months, KRW 20,000, KRW 264% on June 3, 2015, KRW 205, KRW 208, KRW 264% on June 3, 2015, Plaintiff B, KRW 206, KRW 365% on June 25, 200, KRW 36% on June 3, 2015, Plaintiff B, Defendant 4, KRW 00,000 on June 36, 2015, Plaintiff B636% on May 36, 2014, 2015 months.

Meanwhile, the loan balance calculated as of January 6, 2016 with respect to the loan obligations jointly and severally guaranteed by the Defendant (as of January 6, 2016, KRW 78,854,782 (i.e., principal amount of KRW 74,30,672, interest on redemption fees and delay damages amount of KRW 4,524,10).

【In light of the fact that there is no dispute, Gap 1 through 8, Eul 1, and two (including additional numbers), and the fact that the court of first instance found the cause of claim as to the whole of pleadings, the joint defendants A and Eul of the court of first instance jointly and severally are liable to pay to the plaintiff damages for delay calculated at the rate of 24% per annum, which is the agreement rate of 121,969,233 won in balance of the above loans and 115,150,613 won in principal, from January 7, 2016 to the date of full payment.

The defendant.

arrow