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(영문) 서울중앙지방법원 2018.02.06 2017가단29932

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 229,229,863 and KRW 202,68,791 among them. < Amended by Act No. 14550, Aug. 28, 2017>

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on April 19, 2016.

The term “transaction classification/products: Ceiling transaction classification/livestock product security loan/credit limit amount: 300,00,000 won: Limit period: 12 months; agreed interest rate: 8.90% per annum; overdue interest rate: 25% per annum; etc. (hereinafter “Loan Agreement”).

(2) On October 19, 2016, Defendant B, C, and D Co., Ltd. jointly and severally guaranteed the Defendant Company’s obligations under the said monetary loan agreement. (2) On October 19, 2016, the Plaintiff loaned the Defendant Company a loan of KRW 204,30,000 (hereinafter “instant loan”) as the loan period from October 19, 2016 to January 19, 2017.

3) The Defendant Company failed to repay the loan despite the lapse of the maximum period of the loan agreement of this case and the loan term of this case, and the Plaintiff disposed of the security and appropriated the security as shown in the “Register of Accident Claim Management” as shown in the attached Form. [Grounds for Recognition] There is no dispute, and the purport of the entire pleadings and arguments as to Gap’s evidence Nos. 1 through 8 (including serial numbers).

B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of the instant loan under the loan for consumption contract of this case as stated in paragraph (1) of this Article and the damages for delay.

2. Conclusion, the plaintiff's claim is justified, and all of them are accepted.