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(영문) 서울중앙지방법원 2020.07.03 2020가단5051286

대여금

Text

1. The defendant shall be jointly and severally with the plaintiff B.

A. Of KRW 48,407,910 and its 41,800,000 among them, November 2019

Reasons

1. Facts of recognition;

A. The plaintiff extended a loan to B as listed below, and the defendant jointly guaranteed each of the loan obligations of B, a stock company, within the limit of collateral security.

A

B. The agreed interest rate for delay on each of the above loans shall be 11% per annum.

C. As of November 24, 2019, Company B lost the benefit of time by delaying the repayment of each loan, and the principal and interest of the loan as listed in the table remains.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3 and 4, the purport of the whole pleadings

2. According to the facts of recognition as above, the defendant joint and several sureties Co., Ltd. shall be jointly and severally liable to the plaintiff with the principal debtor B, and ① with the limit of KRW 132,00,00,000 per annum within the limit of KRW 48,407,910 per annum of the principal and interest of loans as of November 24, 2019, and principal KRW 41,80,000 per annum from November 25, 2019, the following day of the above base date to November 13, 2020, when the original payment order prior to the performance of the lawsuit in this case was served on the defendant, until January 13, 2020, until the day of full payment, 11% per annum under the agreement, and 12% per annum from the next day to the day of full payment, and 31,200,000 per annum of the principal and interest of loans as of KRW 31,200,000 per annum.

3. The plaintiff's claim for the conclusion is justified, and this is accepted.