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(영문) 부산지방법원 2017.11.28 2017가단18565
대여금
Text

1. The Defendants jointly pay for KRW 71,520,00 and KRW 50,00,000 among them, from January 1, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 through 6-2, the Plaintiff loaned KRW 50,000,000 to Defendant A on March 21, 2013 as the due date for repayment and at least 20% per annum on September 25, 2013, and ② Defendant B guaranteed the Plaintiff’s obligation to the Plaintiff on the same date.

Meanwhile, the fact that Defendant A paid KRW 5,00,000 to the Plaintiff on January 7, 2016, as the name of repayment of the above debt, KRW 3,00,000, and KRW 3,000 on February 29, 2016, and KRW 3,000 on August 1, 2016 is the Plaintiff.

B. Each of the above amounts paid shall be first appropriated for damages for delay calculated at the rate of 20% per annum for 50,000,000 won.

As a result, the sum of damages for delay and principal until December 31, 2016, which is the time when the plaintiff calculated damages for delay, is KRW 71,673,178.

Therefore, Defendant A is the primary debtor, and Defendant B is jointly and severally and jointly and severally liable to pay to the Plaintiff the amount of KRW 71,520,000 as well as the principal amount of KRW 50,00,000 among them, with 20% interest rate of delay damages per annum from January 1, 2017 to the date of full payment.

2. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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