logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.12 2015가단5313928
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 51,623,287 won and 5% per annum from May 1, 2015 to October 14, 2015.

Reasons

1. Facts of recognition;

A. On February 11, 2015, the Plaintiff loaned KRW 30,000,000 to Defendant B with the maturity of KRW 3,000 on April 30, 2015, and interest KRW 3,000 (on October 12, 2014, the Plaintiff paid KRW 15,000,000 out of the above amount).

B. In addition, on February 17, 2015, the Plaintiff loaned KRW 20,000,000 to Defendant B on April 30, 2015 (hereinafter “instant loan”).

C. Defendant C guaranteed the instant loan obligation to Defendant B’s wife (hereinafter “instant guarantee”).

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 to 12 (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s claim, the Defendants jointly and severally have the obligation to pay the Plaintiff the interest of KRW 51,623,287 within the scope of the Interest Limitation Act out of the interest of KRW 30,00,000,00 as the loan amount of KRW 50,000 on February 11, 2015 (the total amount of KRW 50,000 from February 11, 2015 to April 15, 2015) and the interest of KRW 1,623,287 (30,00,000 per annum x 25% per annum x 79 (29 days from February 11, 2015 to April 30, 201) and the interest rate of KRW 1,623,287 from May 15, 2015 to interest rate of KRW 15 per annum.

3. Claims and determination by Defendant C

A. 1) Defendant C did not provide the instant guarantee, and Defendant C provided the Plaintiff a monetary loan agreement (Evidence A 1) and each letter (Evidence A 2) prepared by Defendant C, an unentitled person, to bring about the Plaintiff’s seal impression of the Defendant C. Even if Defendant C provided the instant guarantee, Defendant C provided a physical guarantee by setting a collateral security to the extent of KRW 320,000,000 with respect to the Defendant’s obligation owed to the Plaintiff, which is the maximum debt amount.

arrow