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(영문) 서울남부지방법원 2017.12.07 2017가단240964
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 105,704,109 and the interest rate thereon from August 31, 2017 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. On October 29, 2015 to August 30, 2017, the Plaintiff partially dismissed the amount of the principal and interest, plus interest or delay damages calculated at the rate of 25% per annum from October 29, 2015 to August 30, 2017, on the said amount.

However, according to the evidence Nos. 1 and 2, the Plaintiff lent KRW 200,000,000 to C Co., Ltd. by setting the interest rate of 12% per annum, the overdue interest rate of 30% per annum, and the due date of repayment until October 31, 2016. The Defendants are recognized as a joint and several surety for the said loan.

Therefore, 12% per annum, which is the interest rate from October 29, 2015 to October 31, 2016, shall be applied to the above loan 200,000,000 won, and 25% per annum, within the scope of the Interest Limitation Act, shall be applied from the next day.

Therefore, when calculating interest and delay damages until August 30, 2017 (which appears to have been written on October 30, 2017) by the Plaintiff received KRW 158,00,000 from C Co., Ltd., the amount of KRW 65,704,109 (interest KRW 24,197,260,50, KRW 41,506,849) is 65,709 (interest KRW 24,506,849). If the Plaintiff paid 158,00,000 to the Plaintiff before 158,000,000 as interest payment, it is clear that the above loan is the principal amount of KRW 105,704,109 (20,000,000, KRW 65,704,109 - KRW 2,00,000).

Therefore, the plaintiff's claim exceeding the above scope of recognition is dismissed.

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