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(영문) 서울중앙지방법원 2019.01.15 2018가단5180280
대여금
Text

1. The defendant shall pay to the plaintiff KRW 59,821,205 as well as KRW 58,387,211 among them, from July 24, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 28, 2016, the Plaintiff loaned KRW 80,000,00 to the Defendant with the following content, and C Co., Ltd jointly and severally guaranteed the Defendant’s above loan obligation on behalf of the Plaintiff.

The overdue interest rate of 80,000,000 won per annum of 8.9% per annum on the repayment of principal and interest for 60 months; 25% per annum on the repayment of the loan interest rate;

B. From May 2018, the Defendant delayed to pay the principal and interest of loans from around May 2018, and the Plaintiff’s loan claims as of July 23, 2018 are as listed in the following table.

The lapse of the stipulated loss amount shall be 54,688,675 won 106,680 won 3,698,546 won 1,271,818 won 55,486 won 59,821,205 won / [based on recognition]] in the absence of dispute, each entry in Gap evidence 1 through 6, and the purport of the whole pleadings.

2. According to the above facts of determination, the defendant is jointly and severally liable to pay to the plaintiff 59,821,205 won as the sum of the principal and interest of the loan and the total amount of losses and overdue loans (=54,688,675 won) to the plaintiff (=54,68,675 won 3,698,546 won) calculated by the rate of 25% per annum from July 24, 2018 to the date of full payment (the agreed interest rate).

3. Conclusion, the plaintiff's claim is justified and acceptable.

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