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(영문) 대전지방법원 2016.09.29 2016가단214213
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 85,124,00 and KRW 81,920,650 among them, from March 31, 2016 to June 14, 2016.

Reasons

Defendant B’s loan of KRW 100 million from the Plaintiff on October 30, 2013 at a rate of 12% per annum; Defendant A guaranteed the guarantee limit of the above debt as KRW 1.20 million; Defendant B’s debt to the Plaintiff on March 31, 2016 can be acknowledged by comprehensively taking into account the following facts: (a) the principal amount of KRW 79,040,000 as of March 31, 201; and (b) the amount of debt to the Plaintiff on the Plaintiff on the Defendant B’s substitute payment of KRW 39,30,301 as of March 31, 2016; (c) interest amount of KRW 2,486,349, overdue interest amount of KRW 3,203,353

According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 85,124,00,03, which is the sum of the principal, substitute payments, and interest of KRW 81,920,650, which is the sum of the principal, substitute payments, and interest of the Plaintiff. From March 31, 2016 to June 14, 2016, which is the day following the date of final service of the copy of the complaint of this case, the interest rate of KRW 12% per annum, and the interest rate of KRW 15% per annum, which is the date of final service of the copy of the complaint of this case.

However, Defendant A is obligated to pay within the limit of KRW 120,000,000, which is the guarantee limit amount.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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