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(영문) 서울남부지방법원 2015.07.23 2015가합1582

대여금

Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff), Defendant B, C, and D are jointly and severally liable for KRW 1,220,509,430 and their amount.

Reasons

1. Determination on the main claim

A. Fact-finding 1) The Defendant Foundation as a party is a non-profit incorporated foundation that conducts missionary work and religious education work, etc.; Defendant B, C, D, and E are directors or pastors belonging to the Defendant Foundation; 2) on March 26, 2010, the Plaintiff leased KRW 964 million to the Defendant Foundation on March 26, 2010 at the due date for repayment and at 15.44% per annum (hereinafter “first loan agreement”).

(B) On May 24, 2010, Defendant B, C, and Defendant D guaranteed the first loan obligation of Defendant Foundation within the limit of KRW 1.25 billion, and KRW 1.255 million.5 billion. (B) On May 24, 2010, the Plaintiff extended loans to Defendant Foundation at the maturity rate of KRW 1.5 billion on May 24, 2013 and at the rate of 15.7% per annum (hereinafter “second loan agreement”) (hereinafter “second loan agreement”), Defendant B, C, D, and E guarantee the second loan obligation of Defendant Foundation within the limit of KRW 1.365 million.5 billion.

C) As of August 21, 2014, Defendant Foundation’s debt of the Defendant Foundation’s KRW 1,220,509,430, the principal and outstanding interest KRW 964,500,000,000 and KRW 256,509,430,000, and the debt of the secondary loan remains KRW 1,05,000,000 and the outstanding interest KRW 284,914,62, the principal and interest KRW 284,914,662. [Grounds for recognition] There is no dispute; Party A’s evidence of subparagraphs 1 through 10 (the evidence not stated in the provisional number includes the number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. According to the above facts, Defendant Foundation, B, C, and D are jointly and severally liable to pay the principal and interest of the first loan obligation amounting to KRW 1,220,509,430, and the principal amounting to KRW 964 million from August 22, 2014, which is the day following the settlement of accounts, until May 26, 2015, a copy of the application form for modification of the purport of the instant claim and the cause of the claim, from August 22, 2014 to May 26, 2015, the rate of delay damages per annum 15.4% per annum, 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. The Defendants jointly and severally liable