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(영문) 서울남부지방법원 2017.09.08 2017가단233126

대여금(시효연장의 소)

Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s KRW 20% per annum from November 20, 2007 to September 30, 2015.

Reasons

1. The following facts are acknowledged in full view of Gap evidence No. 1 and the purport of the whole pleadings.

A. On Nov. 20, 2004, the Plaintiff: (a) on Nov. 20, 2004, the non-party B Co., Ltd. (hereinafter referred to as the “non-party B”) bears the cost of the goods for the Kakak-type hot fever imported from China; (b) after customs clearance, the liability for inventory management is borne by the non-party company; but (c) on the basis of the volume of the non-party

(hereinafter referred to as the instant agreement). (b)

After that, the Plaintiff requested the non-party company to compensate for the shortage in stock and inventory, but the non-party company did not comply with it. In January 6, 2006, the non-party company, instead of performing the obligations under the instant agreement, the non-party company, as a borrower, prepared a loan certificate of KRW 60,000,000 at par value with the Defendant as a joint guarantor, and decided to repay the loan until April 30, 2006.

C. As the non-party company and the defendant did not perform the obligation based on the above loan certificate, the plaintiff applied for a payment order against the non-party company and the defendant, and on October 22, 2007, the Seoul Western District Court Decision 2007Hu13521 decided Oct. 22, 2007, "the defendant and the non-party company jointly and severally paid to the plaintiff 60,000,000 won with interest of 20% per annum from November 20, 2007 to the day of full payment, which is the day following the delivery date of the original payment order."

2. Thus, the defendant is obligated to pay to the plaintiff 60 million won with 20% interest per annum from November 20, 2007 to September 30, 2015 and 15% interest per annum from the next day to the day of complete payment.