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서울중앙지방법원 2018.10.19 2016가단5185717

대여금

Text

1. Defendant A Co., Ltd.: KRW 156,794,130 and its weight:

(a) As regards KRW 7,500,000, June 17, 2016

Reasons

1. In full view of the overall purport of the statements and arguments in Gap evidence Nos. 1 to 5 as to the cause of the claim, the facts identical to the entries in the cause of the claim in the annexed sheet can be acknowledged.

According to the above facts of recognition, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is liable to the Plaintiff for delay calculated at the rate of 12.59% per annum from June 17, 2016 to December 13, 2016, the agreement rate of 15% per annum from June 13, 2016, the delivery date of the original copy of the instant payment order, to December 15, 2016, to 72,93,640 won per annum from the following day of the balance of trade financing loans, to 15% per annum from June 17, 2016, to 16.3% per annum from the day following the date of final payment order to the day of complete payment, to 15% per annum from the day of final payment, to 20% per annum from the day after June 17, 2016, to 16.3% per annum from the day after the date of final payment order, to 16% per annum 16.3% per annum.5% per annum.

In addition, Defendant B, as a limited guarantor for the instant trade financing loan, shall jointly and severally with the Defendant Company, to the Plaintiff at the rate of 141,324,066 won, totaling the outstanding principal and interest on the instant trade financing loan, and KRW 72,93,640, which is the day following the date of the final calculation of interest, from June 17, 2016 to December 13, 2016, the agreement rate of 13.67% per annum, and the amount of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which is the date of final delivery of the original copy of the instant payment order, from the next day to the date of full payment.