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(영문) 서울중앙지방법원 2017.11.10 2017가합549044

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 275,300,00 and KRW 210,000 among them, from August 11, 2016 to 3,300.

Reasons

1. From November 10, 2015 to September 10, 2016, the Plaintiff (former and New Co., Ltd.) lent total of KRW 375,300,000 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as indicated in the following [Attachment], and Defendant B guaranteed the above loan obligations of Defendant Co., Ltd at the time.

On November 10, 2015, interest on loan due date 100,000 annually, 6.9% per annum, 20,000,000 on August 9, 2016, 2015, and the Plaintiff transferred the Plaintiff’s right of lease KRW 6.9% per annum, 3,000,000 per annum, 3,000,000 on August 10, 2016, and KRW 6.9% per annum, 6.9% per annum, 200,000 per annum, to the Plaintiff on August 11, 2016, and Defendant Company transferred the Plaintiff’s right of lease KRW 6.9% per annum, 00,000,000 per annum, and KRW 6.9% per annum, 200,000 per annum, 5.5% per annum, 200,0005,06.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. According to the facts established prior to the determination as to the cause of the claim, Defendant Company and Defendant B jointly and severally with the Plaintiff, the term “net No. 275,300,000 won (= KRW 3,300,000 KRW 35,000,000 KRW 17,000,000) and the term “net number” used in Paragraph (2) as to KRW 210,000,000,000 following the due date for the loan, KRW 3,300,000 from August 11, 2016; KRW 3,30,000,000 from August 12, 2016; KRW 10,000 from the due date for the loan to KRW 3,00,00,000 from August 12, 20, 206; KRW 10,000 from the due date for the loan to KRW 305,00,006.