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(영문) 서울중앙지방법원 2016.07.07 2016가단15868

대여금

Text

1. The defendant jointly and severally with the non-party corporation B as to KRW 384,326,319 and KRW 300,000,000 among them.

Reasons

1. Determination as to the cause of claim

A. (i) The Plaintiff entered into a credit transaction agreement with Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) under the Defendant’s joint and several guarantee and loaned a total of KRW 300 million.

(A) The term “each of the instant loans” refers to KRW 360 million, totaling KRW 120 million on May 15, 2013, 2014, KRW 240 million on May 14, 2014, KRW 200,000,000, KRW 300 million on May 15, 2014, KRW 200,000,000, KRW 360,000 won on May 15, 2014, KRW 200,000,000, KRW 300,000,000 from June 27, 2013, Nonparty Company delayed payment of interest on each of the instant loans from around June 21, 2015, KRW 30,00,000, KRW 84,326,319, KRW 57,3636,9636,6386,639.

Referencely, the interest rate applied by the Plaintiff to each of the loan obligations of this case according to the credit transaction agreement is 15% per annum from January 30, 2015 to the date of closing argument of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 (including virtual number), Gap evidence No. 7, the purport of the whole pleadings

B. According to the above facts, as a joint guarantor of each of the loan obligations of this case, the defendant is jointly and severally liable to pay the plaintiff the above money within the limit of 384,326,319 won with interest on each of the loan obligations of this case as of June 21, 2015, and 300 million won with the principal of this case as of June 22, 2015, from June 22, 2015 to the delivery date of the original copy of the payment order in lieu of the copy of the complaint of this case, 15% per annum interest rate per annum, and 15% per annum as requested by the plaintiff within the limit prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The defendant is obligated to pay the above money within the limit of 360 million won per annum (=240 million won per 240 million won).

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant cannot respond to the plaintiff's claim for the following reasons.

① The substance of the non-party company.