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(영문) 수원지방법원 2019.06.26 2018가합10183
미지급 이자 등 청구의 소
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 169,306,230, and Defendant B with respect thereto from January 18, 2018, and Defendant C with respect thereto.

Reasons

1. Basic facts

1.The date of repayment shall be fifteen months from the date of borrowing.

2. The interest on the borrowed money shall be 300,000,000 won ( 300,000,000) temporarily at the time of repayment of the principal.

(Provided, That even if principal and interest are repaid within 12 months, there is no change in the amount of interest, the debtor shall be liable to withhold the interest income, and the amount shall be compensated by the debtor.

4. The land D(596p) in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the debtor two co-owners of which is the debtor, is set up a collateral to the creditor, two times in the status of monetary right loans of the amount of KRW 1.4 billion.

5. If the repayment of principal and interest exceeds the date of repayment, the amount of KRW 300,000 for the interest portion shall be repaid and the interest shall be paid at 2% (after withholding from interest income) per month for the principal.

6. Where the repayment of interest under paragraph (5) is delayed, 2% interest on the total amount of KRW 10 billion shall be paid monthly.

(2%) The maximum loan period of this loan shall be 18 months.

8. If the date of performance exceeds 18 months, a creditor may exercise a right to collateral security, or part of the Asan E’s building for sale newly constructed by the debtor may be offset against acceptance in kind by applying 80% of the market price or the selling price, and the floor and number of houses shall be decided upon the creditor’s choice (the sale price standard refers to the appraisal of the already sold price or the neighboring real estate). On September 27, 2010, the Plaintiff lent KRW 1 billion to the Defendants.

(hereinafter “instant loan for consumption”). The principal content of the loan certificate is as follows:

On November 28, 2011, the Defendants paid interest of KRW 300 million to the Plaintiff. On December 30, 2014, the Defendants paid KRW 400 million to the Plaintiff the principal amount of KRW 50 million on March 31, 2015, the principal amount of KRW 50 million on July 2, 2015, the principal amount of KRW 100 million on September 14, 2015, and paid KRW 1 billion on the principal amount of KRW 1 billion on September 14, 2015.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 3 (including the paper number), the whole pleadings.

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