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(영문) 수원지방법원안양지원 2019.11.01 2018가단119566

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 161,689,60 and KRW 85,023,457 among them. < Amended by Act No. 1584, Dec. 19, 2018>

Reasons

1. Facts of recognition;

A. On September 19, 2016, the Plaintiff loaned the instant loan to Defendant B Co., Ltd. (Co., Ltd., Ltd. (hereinafter “Defendant Company”) at the highest rate of 18.8% per annum on September 29, 2017 (hereinafter “instant loan”). Defendant C guaranteed the instant loan obligation with the maximum guarantee amount of KRW 468 million, with the maximum guarantee amount of KRW 468 million.

(hereinafter “instant guarantee agreement”). B.

In relation to the instant loans, the Defendant Company provided the Plaintiff with the right to collateral security as security for the first floor F and G of the E-building in Namyang-si, Namyang-si, and completed the registration of establishment of the right to collateral security for the Plaintiff.

C. As the Defendant Company did not repay the instant loan, the Plaintiff filed an application for voluntary auction with the District Court H on December 2017. On December 18, 2018, the Plaintiff received dividends of KRW 279,916,213 during the said voluntary auction procedure and appropriated the principal amount in KRW 274,976,543 and KRW 4,939,670.

Accordingly, as of December 18, 2018, the remaining principal amount of the loan of this case as of December 18, 2018 161,689,60 won (= principal amount of KRW 85,023,457 (=274,976,543 won - interest of KRW 274,976,543) and interest of KRW 76,66,143) remain, and the rate of damages for delay is 10.8% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Claim against the defendant company

(a)the description of the claim is as described in paragraph 1.

(b) A claim against Defendant C under Article 208(3)3 of the Civil Procedure Act (by service by public notice) of the applicable provisions of Acts;

A. According to the above facts, Defendant C, a joint and several surety, jointly and severally with the Defendant Company, shall pay the Plaintiff the remainder of the principal and interest of KRW 161,689,600 as well as damages for delay calculated at the rate of 10.8% per annum, which is the damages for delay, from December 19, 2018 to the date of full payment, to the date of full payment, to the Plaintiff, and shall be paid within the limit of KRW 468,00,000,000 per annum.