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(영문) 서울남부지방법원 2015.05.29 2014가단65377

대여금등

Text

1. The Plaintiff:

A. Defendant A Religious Organization B: (a) As regards KRW 2,445,79,010 and KRW 2,320,000,000 among them, Defendant A Religious Organization B shall have the effect on May 13, 2014.

Reasons

1. Facts of recognition;

A. On January 5, 201, the Plaintiff paid 2,320,000,000 won to the Defendant A Religious Organization B church (hereinafter “B church”) at the rate of change every three months, and the interest rate every one month set at the rate of change every three months, and the interest rate for delay shall be calculated at the rate of 8% to 11% depending on the period of delay, and the interest rate for delay shall be calculated at the rate of interest rate of 8% to 8% to 11%. The principal shall be calculated for three years from the date of the date of credit extension, and the principal shall be repaid in installments each one month from January 5, 201.

B. The remaining Defendants jointly and severally guaranteed the principal and interest obligation of the said loan within the scope of KRW 3,016,000 against the Plaintiff.

C. Defendant BD lost the benefit of time in accordance with the credit transaction basic terms and conditions by delaying the payment of the principal and interest of the above loan.

The remaining principal and interest of the loan as of May 12, 2014 are principal 2,320,000,000, interest and delay damages 125,79,010.

[Reasons for Recognition] Each entry of Gap 1 to 5 (including branch numbers) and the purport of the whole pleading

2. According to the facts found above, Defendant B is obligated to pay to the Plaintiff the said amount of KRW 2,445,79,010 (=2,320,000 + 125,79,010 + the principal amount of KRW 2,320,00,000) and the said amount of KRW 2,320,00,000, which is the last delivery date of the complaint from May 13, 2014 to August 2, 2014, the annual amount of KRW 14.34% under the agreement and KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 3, 2014 to the day of full payment. The remaining Defendants are jointly and severally liable to pay the said amount within the limit of KRW 3,016,00,000,000, respectively.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.