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(영문) 서울중앙지방법원 2015.12.02 2015가단108237

대여금 등

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 787,326,056 and KRW 238,686,457 among themselves. < Amended by Presidential Decree No. 26589, Oct. 1, 2015>

Reasons

1. According to the evidence evidence No. 4, in order to seek the payment of the Defendant Company A (hereinafter “Defendant Company”)’s loan obligation to the Plaintiff, and the Defendant B and C’s joint and several debt (see attached Table 1), the Plaintiff filed a suit for the claim for the loan, etc. (hereinafter “pre-claim”) with this court under this Court No. 2005Gadan285685, Dec. 29, 2005. The court accepted the Plaintiff’s claim on December 29, 2005 pursuant to Article 208(3)1 of the Civil Procedure Act, and accepted the Plaintiff’s claim on December 1, 200;

A. As to the amount of KRW 387,815,843 and the amount of KRW 27,00,000,000 per annum from September 7, 2005 to the date of full payment, KRW 21% per annum from September 7, 2005 to the date of full payment, KRW 254,514,219, and KRW 80,000 per annum from September 7, 2005 to the date of full payment, and KRW 19% per annum from September 7, 2005 to the date of full payment;

B. Defendant B and the Defendant Company jointly and severally do not exceed 407,700,000 won.

subsection (1) of this section;

C. Defendant C shall not exceed KRW 127,400,00 jointly and severally with Defendant C and B.

Of the money stated in this subsection, 105,901,566 won and 98,000,000 won among them shall be paid 19% interest per annum from September 7, 2005 to the date of full payment.

The judgment was rendered, and the facts that became final and conclusive around that time are recognized, and on September 30, 2015, the remaining principal and interest of the Defendants against the Plaintiff except for the money repaid by the Defendants as of September 30, 2015 are the Plaintiff.

2. Determination as to the claim against the Defendant Company and B

A. According to the above facts of recognition, barring any special circumstance, Defendant Company and B jointly and severally pay to the Plaintiff the amount of the loan principal of KRW 787,326,056 and the amount of the principal of KRW 238,686,457, as well as damages for delay calculated at the rate of 15% per annum for the Plaintiff from October 1, 2015 to the date of full payment, and Defendant B shall pay the amount of damages for delay calculated at the rate of KRW 407,70,000 per annum.