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(영문) 서울북부지방법원 2016.07.22 2016가단15881
대여금등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 52,616,437 and KRW 25,00,000 among them, from March 8, 2016 to June 9, 2016.

Reasons

1. Facts of recognition;

A. On March 20, 2013, the Plaintiff leased KRW 150 million to Defendant B on a monthly basis and on February 28, 2014. Defendant C guaranteed the Defendant B’s debt.

B. Defendant B repaid to the Plaintiff the agreed interest of KRW 50 million on September 30, 2013 and up to that time, the principal amount of KRW 50 million on November 30, 2015, the principal amount of KRW 50 million on November 30, 2015, and KRW 25 million on March 7, 2016, respectively.

[Reasons for Recognition]

(a) Defendant B: Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings;

(b) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. According to the above facts of determination, the Defendants jointly and severally and severally have the obligation to jointly and severally pay to the Plaintiff the interest rate of 12% per annum from October 1, 2013 to November 30, 2015 calculated by the agreement of 26,005,479 won (10 million won x 0.12 x 791/365, less than KRW 50 million ; hereinafter the same shall apply) calculated by the agreement of 12% per annum from October 1, 2015 to March 7, 2016 to the amount remaining after the first repayment to the Plaintiff, with the interest rate of 12% per annum from October 1, 2013 to November 30, 2015 to the interest rate of 26,005,000 won per annum from 16.5% per annum from March 1, 2016 to the 16.6% interest rate per annum from 20.5% per annum.6% per annum.

3. In conclusion, 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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