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(영문) 수원지방법원안양지원 2015.04.02 2014가단24905
대여금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 44,256,345, and 13% per annum from May 1, 2014 to April 2, 2015.

Reasons

1. Basic facts

A. During the period from March 27, 2008 to April 18, 2012, the Plaintiff lent KRW 5,1100,000 to Defendant B (hereinafter “Defendant Company”) on nine occasions, and the Defendant Company repaid KRW 4.6 million out of the borrowed money to the Plaintiff until April 20, 2012.

B. On May 14, 2013, Defendant Company agreed to set the Plaintiff’s remainder of KRW 46.5 million at an annual interest rate of 13% and repay the Plaintiff by December 31, 2013, and Defendant C guaranteed the said obligation.

C. The Defendants additionally paid to the Plaintiff KRW 5 million on January 15, 2014, and KRW 3 million on April 30, 2014, respectively.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the borrowed amount of KRW 46.5 million and the damages for delay.

B. As to the assertion on repayment, the Defendants asserted that the Defendants are obligated to pay 38.5 million won and damages for delay as of January 15, 2014 (i.e., interest KRW 5 million from January 15, 2014, and KRW 38.5 million from April 30, 2014. (ii) The said amount discharged by the Defendants is first appropriated for the interest as follows in the order of statutory appropriation, and the remaining amount was appropriated for the principal: KRW 5,00,000 from January 15, 2014; KRW 5,000 from May 15, 2013 to KRW 30,030,000 from January 14, 2014; KRW 360,000 from January 14, 2014; KRW 305,000 from KRW 30,500 x 130,540; and the remainder shall be appropriated for the principal x 20130.4.5

3. The defendants' assertion of repayment is justified within the scope of the above recognition.

C. Accordingly, the Defendants are jointly and severally liable.

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