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(영문) 서울중앙지방법원 2014.11.20 2014가합544079

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 399,421,242 and KRW 200,000,000.

Reasons

1. Indication of claim;

A. On April 6, 2007, the Plaintiff loaned 200,000,000 won to Defendant Led Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on April 4, 2008 for the expiration date of the extension period, 20% of the CD circulation rate for three months, and 2% of the delay rate for 90,000,000 won per annum at a 21% (hereinafter “instant loan”). On July 27, 2007, Defendant A guaranteed the Defendant Co., Ltd.’s debt of the instant loan to the extent of 2,60,000,000 won.

B. The Plaintiff, at the request of the Defendant Company, postponed the expiration date of the extension period of the instant loan to April 3, 2009.

C. The Defendant Company did not repay the instant loan despite the expiration date of the above credit period, and on May 16, 2014, the principal and interest of the instant loan amounted to KRW 399,421,242 ( principal and interest of KRW 200,000,000) (the principal and interest of KRW 199,421,242).

Therefore, the defendants jointly and severally pay to the plaintiff 39,421,242 won of the principal and interest of this case and 200,000,000 won of the principal and interest of this case, with 21% interest rate per annum from May 17, 2014, which is the day following the above calculation base date to the day of full payment. The defendants A is obligated to pay damages for delay within the limit of 2,60,000,000 won, which is the maximum amount of collateral guarantee.

2. Judgment without holding any pleadings (Article 208 (3) 1 and the main sentence of Article 257 (1) of the Civil Procedure Act);