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(영문) 서울중앙지방법원 2015.04.29 2014가단118008

대여금 등

Text

1. The Defendants shall be jointly and severally liable to the Plaintiff, and Defendant B shall not exceed KRW 457,925,134 and 300 among them within the scope of KRW 17,680,000.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the evidence No. 1, No. 2, and No. 3 as to the cause of the claim, the Plaintiff, on April 21, 2008, granted a loan of USD 13,595,90 to Defendant A Co., Ltd. on April 7, 2013 under the joint and several sureties (Limit of No. 17,680,000,000) by setting the minimum rate of damages for delay as 14%, and 19%, and the loan claims as of January 2, 2014 are KRW 457,925,134 (limited to principal amount of KRW 300,00,00).

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff, and the defendant Eul is obligated to pay the principal of 457,925,134 won and the principal of 300,000,000 won within the limit of KRW 17,680,000,000, which is the limit of collateral guarantee, the amount of interest calculated at the rate of 17% per annum from January 3, 2014 to August 27, 2014, which is the delivery date of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. Defendant B alleged that at the time of resignation from the representative director of Defendant A Co., Ltd. on July 22, 2008, the Plaintiff’s employee in charge was exempted from the above joint and several liability. However, it is not sufficient to acknowledge the evidence alone, and there is no other evidence to acknowledge it. Thus, the above assertion cannot be accepted.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.