(영문) 서울중앙지방법원 2015.12.24 2015가합543813

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(영문) 서울중앙지방법원 2015.12.24 2015가합543813

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 761,917,806 and KRW 500,000 among them, from February 9, 2013 to July 1, 2014.

Reasons

1. On January 11, 2010, the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) agreed to lend KRW 1 billion to the Defendant Company at an annual interest rate of 45% and due date of payment on June 30, 2010. Defendant B and C have jointly and severally guaranteed the Defendant Company’s obligation to borrow loans to the Plaintiff under the said agreement. The Plaintiff remitted KRW 500 million to the Defendant Company on January 12, 2010 pursuant to the said agreement, may be recognized by comprehensively taking into account the overall purport of the pleadings as stated in the evidence No. 1 and evidence No. 1 and No. 2, and the Defendant Company’s total purport of the pleadings to the Plaintiff on August 27, 2012.

9. The repayment of KRW 30 million in total, KRW 20 million in total, and KRW 100 million in total, on October 10 of the same year, is the Plaintiff.

According to the above facts, barring any special circumstance, the total amount of KRW 200 million repaid by the defendant company shall be appropriated for the repayment of principal as follows (the defendant company and the defendant Eul shall be appropriated for the repayment of principal. However, according to Article 479 of the Civil Act, the repayment shall be appropriated for the principal prior to the repayment of principal if the debtor is unable to repay his whole debt). As a result, with respect to KRW 50 million of the leased principal from January 12, 2010 to February 8, 2013, the agreement rate of KRW 45% per annum (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same shall apply) within 30% per annum of interest rate of KRW 261,917,806 per annum from the following day to 200.30% per annum of interest rate of KRW 400 per annum, the plaintiff as the principal debtor company and the defendant company shall be jointly and severally liable for the payment of KRW 200816.30.7.0

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