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(영문) 서울서부지방법원 2016.05.31 2015가단10953
차용금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 84,412,469 as well as the interest rate from February 14, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On September 2, 201, the Plaintiff leased KRW 170,000,00 to Defendant B at an annual interest rate of KRW 83,000,000 on August 20, 201 (hereinafter “instant primary loan obligation” and “the instant secondary loan obligation” collectively; hereinafter “the instant secondary loan obligation”) and Defendant C Co., Ltd (hereinafter “Defendant Company”) jointly and severally guaranteed the Defendant’s respective loan obligations.

B. On November 19, 2013, Defendant B and the Defendant Company agreed to pay 87,850,000 won out of each of the loans of this case (the cost of KRW 83,700,000) by November 30, 2013, and the remainder of KRW 169,30,000,00 and interest rate of KRW 169,30,000, respectively, until January 16, 2014. In the event that the repayment date set forth above, the interest rate of KRW 12% per annum shall be additionally paid.

(hereinafter referred to as “instant agreement”). C.

On April 11, 2013, the Plaintiff filed an application for the auction of real estate rent E with the Suwon District Court Suwon District Court on April 11, 2013 for the repayment of the first rental loan obligation, and received dividends in KRW 19,958,966 on February 6, 2014.

(D) On December 9, 2013, the Plaintiff applied for an auction of real estate rent of KRW 89,097,930 on February 13, 2015 (hereinafter “second dividend”) with the Jeju District Court F for the repayment of the debt of each of the instant loans, and received a dividend of KRW 89,09,930 (hereinafter “second dividend”) (hereinafter “the ground for recognition”) / [the ground for recognition] without dispute, evidence Nos. 1, 2, 1, 2, 2, and 2, and the purport of the entire pleadings.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 84,412,469 and the amount calculated by the rate of interest rate of 30% per annum, which is the overdue interest rate, from February 14, 2015 to the date of full payment, to the Plaintiff, within the amount indicated as follows:

The principal is derived from the date of payment.

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