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Reasons
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(영문) 부산지방법원 2019.12.03 2019가단10183
대여금
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1. The Defendants jointly and severally pay to the Plaintiff KRW 48,059,601 as well as KRW 46,703,573 as from April 25, 2019.

Reasons

1. Facts of recognition;

A. On February 3, 2016, the Plaintiff entered into an agreement with Defendant C to grant a loan of KRW 80 million (hereinafter “instant loan”) at the loan rate of KRW 10.9% per annum, the loan period of KRW 60,000 per annum, the overdue interest rate of KRW 13.9%, the interest rate of KRW 13.9% per month, and the monthly fixed amount of principal and interest (hereinafter “instant loan agreement”).

B. Defendant D guaranteed the Plaintiff the instant loan obligation within the maximum of KRW 104,000,000 to the maximum amount of the guaranteed obligation, jointly and severally with Defendant C.

C. The Defendants agreed to transfer the instant loan to F’s account (G Bank H), which is the business owner of the affiliation store (Evidence A5), and the Plaintiff remitted the instant loan to the said account.

The principal and interest of the instant loan was not repaid from February 20, 2019, and from that time, the interest of the instant loan was lost due to delayed payment at least twice.

In April 24, 2019, the sum of the principal and interest, the balance of the loan as of April 24, 2019, and damages for delay is KRW 48,059,601 (i.e., the principal and interest of the loan, KRW 46,703,573, and late payment charges, etc.).

[Reasons for Recognition] Facts without dispute, Gap 1 to 7 evidence, Eul 1 to 4 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Defendants, as the primary debtor of the instant loan obligation or the joint guarantor, jointly and severally, shall pay to the Plaintiff the total of KRW 48,059,601, including the balance of the principal and interest of the instant loan obligation as of April 24, 2019, and damages for delay calculated at the rate of KRW 46,703,573, which is the agreed interest rate of KRW 13.9% per annum from April 25, 2019 to the date of full payment. Defendant D is liable to pay the amount within the maximum of KRW 104,00,00 per annum, the maximum amount of the guaranteed obligation.

B. As to the defendants' assertion 1, the defendants are the defendants of this case.

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