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(영문) 서울남부지방법원 2019.06.05 2018가단242813

대여금

Text

1. The Plaintiff:

A. As to KRW 33,477,583 and its KRW 32,198,389, Defendant C Co., Ltd., from August 24, 2018.

Reasons

1. Facts of recognition;

A. On March 24, 2016, the Plaintiff entered into a loan agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) as listed below (hereinafter “instant loan agreement”) and set up a mortgage on each vehicle subject to the loan.

As the representative director of Defendant C, Defendant C guaranteed the obligation to the Plaintiff under the instant loan agreement within the limit of KRW 106,560,000 in total on the same day.

G MPPV Y AB AE H H Q Q TW L Z ACF F I L LO OR X AD

B. On May 2, 2018, Defendant C and Defendant E Co., Ltd. (hereinafter “Defendant E”) are as indicated above.

When concluding a contract of transfer and takeover for 100 vehicles, including the vehicles subject to the loan mentioned in the paragraph, the vehicle installments to be deferred for six months until November 1, 2018, and the remaining installments to be paid by Defendant C and D.

C. Defendant C did not pay the principal and interest of loan under the instant loan agreement, and the standard amount of credit on August 23, 2018 is as listed below.

F FI LOOOX AD 【Grounds for Recognition】 Defendant C and D: Each confession party against Defendant E: the absence of dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, and the purport of the whole pleadings.

2. Determination

A. With respect to the Plaintiff’s claim for the payment of the principal and interest of loan under the loan agreement of this case against Defendant C and D, the said Defendants were served with a notice of date in a manner not attributable to service by public notice and did not appear on the date for pleading. The said Defendants are deemed to have led to the confession of all the Plaintiff’s assertion under Article 150(3)

Therefore, Defendant C is obligated to pay to the Plaintiff 3,477,583 won in total and 32,198,389 won in principal under the loan agreement of this case with the interest rate of 11.7% per annum from August 24, 2018 to the date of full payment. Defendant C is obligated to pay to the Plaintiff an amount equivalent to the agreed interest rate of 11.7% per annum.