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(영문) 대전지방법원 2020.06.24 2019가합106051
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 219,528,771 as well as KRW 217,030,140 as the Defendant from June 14, 2019.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant A corporation

A. On September 9, 2016, the Plaintiff entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the following terms: (a) the loan amount of KRW 200,00,000; (b) the loan period from September 13, 2016 to September 12, 2021; (c) the fixed interest rate of KRW 2.02% per annum; (d) the interest rate of KRW 2.02% per annum; (d) the interest rate of KRW 3.3% per annum; (e) the interest rate of KRW 12% per annum; and (e) the interest rate of KRW 12% per annum if part of the obligation is not repaid within the given period; and (e) the expenses incurred in the preservation, exercise, etc. of the claim shall be borne by Defendant A; and (e) on September 13, 2016, Defendant A lent KRW 200,

However, from July 2, 2018, Defendant A lost the benefit of time beginning with the delay in payment of interest, and on June 14, 2019, Defendant A’s obligation to pay the loan amounting to KRW 219,528,71 in total (i.e., the calculation of the interest up to June 13, 2019) (i.e., the interest amounting to KRW 200,000,742 in substitute payment amounting to KRW 86,742 in interest amounting to KRW 16,163,398 in overdue interest amounting to KRW 2,498,631 in total).

Therefore, Defendant A is obligated to pay to the Plaintiff the amount of KRW 219,528,771 and the amount of KRW 217,030,140 (other than interest interest) from June 14, 2019 to September 5, 2019, the delivery date of the original copy of the instant payment order within the scope of 12% per annum on agreed overdue interest rate and 6% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(b) Judgment on deemed confessions of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) and (1) of the Civil Procedure Act);

2. Determination as to the plaintiff's claim against the defendant B

A. 1 Determination as to the cause of the claim 1) Gap evidence Nos. 1 through 3 (Additional number is added to the purport of the entire pleadings in each entry including a Serial number, and ① The Plaintiff shall calculate the loan amount of KRW 200,000,000 on September 9, 2016 and the loan period of KRW 200,000 on September 13, 2016 to September 12, 2021, on a yearly basis, the fixed interest rate of KRW 2.02% and the interest rate of KRW 3.3% on a yearly basis.

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