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(영문) 광주지방법원목포지원 2015.08.06 2015가단3530

대여금

Text

1. The defendant is jointly and severally with the farming association corporation B, and the plaintiff.

A. 200,289,715 Won and 200,000 won among them

Reasons

1. Following the determination of the cause of the claim may be accepted either in dispute between the parties or in the entry in Gap evidence Nos. 1 to 8, by taking into account the whole purport of the pleadings.

On January 20, 201, the Plaintiff lent KRW 200,000 to the farming association corporation B (hereinafter “instant corporation”). At this time, the Defendant guaranteed the loan obligations of the said corporation within the limit of KRW 48,00,000.

However, the corporation of this case and the defendant lost the benefit of time due to delay in repayment, and as of February 26, 2015, the balance of the loan obligation as of February 26, 2015 is the principal amount of KRW 200,000,000 and interest amount of KRW 289,715.

(Annual interest rate of 10%) b.

On May 29, 2012, the Plaintiff lent KRW 50,000,00 to the instant legal entity (the credit guarantee of the Local Guarantee Foundation), and at that time, the Defendant guaranteed the loan obligations of the said legal entity within the limit of KRW 9,000,000.

However, the instant corporation and the Defendant lost the benefit of time due to delay in repayment, and as of February 26, 2015, the balance of the loan obligation as of February 26, 2015 is the principal amount of KRW 45,00,000, interest amount of KRW 2,196,287.

(Annual interest rate of 14.64% per annum).

The instant corporation was present as the Plaintiff’s credit card holder on September 7, 2009, and the Defendant was present as the joint guarantor of the said corporation.

However, the above legal entity and the defendant overduely pay the credit card price to the plaintiff. As of February 26, 2015, the principal amount is KRW 9,917,110, fees of KRW 82,849, overdue interest of KRW 538,906.

(2) According to the above facts, the defendant is jointly and severally with the corporation of this case: (a) within the limit of KRW 48,00,00,00 as the debt under the above "A"; (b) within the limit of KRW 200,289,715 as the debt under the above "A" and KRW 200,00,000 among the debt; (c) from February 27, 2015 until March 20, 2015, the delivery date of the payment order of this case against the defendant; and (d) within the limit of KRW 20% per annum from the following day to the day of full payment; and (e) the damages for delay calculated at the rate of KRW 9,00,00 as the debt under the above "B".