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(영문) 서울중앙지방법원 2017.03.24 2015가단5194165
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and 30% per annum from November 10, 2008 to July 14, 2014.

Reasons

1. Basic facts

A. On November 9, 2006, the Plaintiff loaned 579,000,000 won for interest to Defendant B, 8.3% per annum (9.6% per annum) and the due date for payment was determined on November 9, 2007, one year thereafter.

The Plaintiff was returned from Defendant B the amount of KRW 40,00,000 on December 8, 2006, and KRW 10,000,000 on December 12, 2006, and the principal amount of the loan claim was KRW 529,00,000.

(hereinafter referred to as the “instant loan”) KRW 529,00,000,00 as the ground for the Plaintiff’s claim

B. Defendant B repaid to the Plaintiff KRW 8,60,000 on March 17, 2008, KRW 10,000 on September 5, 2011, KRW 200,000 on December 23, 2011, KRW 1,690,000 on January 4, 201, KRW 3,000 on January 6, 2012, KRW 270,000 on February 1, 2012, KRW 4,892,00 on February 1, 2012, KRW 20,000 on the aggregate of KRW 20,000 on June 12, 2013, KRW 231,00 on June 23, 2005.

C. On August 18, 2011, Defendant C, the wife of Defendant B, jointly and severally guaranteed the loan obligation owed by Defendant B to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional number; hereinafter the same shall apply), Eul evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The defendant B did not repay the loan of this case on November 9, 2007, which is the date on which the contract was due and later made two times later without having repaid the loan of this case. This is an agreement for a new loan of 923,167,321 won including the principal of the loan of this case which was not paid until the time and the interest within the limit of the Interest Limitation Act, and the interest within the limit of the Interest Limitation Act. The defendant B repaid the principal amount of 8,60,000 won on March 17, 2008. Accordingly, on November 9, 2008, the remaining amount of the loan of this case as of 1,192,274,211 won, 923,167, 167, 308, 168, 207, 3608, 306, 197, 307, 186, 297.7, 1638

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