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(영문) 광주지방법원순천지원 2017.12.19 2017가단3240

이자금

Text

1. The Defendants jointly and severally pay KRW 85,139,497 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), and loaned the amount stated in the column of each loan amount as follows, and completed the registration of the establishment of a neighboring real estate owned by Defendant A Co., Ltd. in order to secure the loan claim.

Defendant B and C guaranteed each of the loan obligations of Defendant B and C with the maximum amount of damages for delay on March 22, 113, 250,000 per annum 5.7% per annum 18% per annum 25,000,000,000 on April 17, 213, 200, 18.7% per annum 150,000,000 per annum 195,000,000 per annum 195,000,000 each of the loan obligations within the limit of the joint and several liability column.

B. The Plaintiff filed an application for the auction of real estate rent based on the foregoing right to collateral security, and the procedure of auction of real estate rent (hereinafter “instant auction procedure”) was initiated under the control of Gwangju District Court D, E (Dupl). At the above auction procedure, the Plaintiff was paid dividends of KRW 431,346,439 on February 21, 2017, and was fully and partially repaid the principal and interest of each of the above loans, and at 85,139,497 won ( = 1: 58,69,018 Nos. 26,470,479) remains.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants shall jointly and severally pay KRW 85,139497 to the Plaintiff the balance of the loan interest.

As to this, the Defendants did not receive dividends from the Defendant Company, thereby incurring losses from a certain amount of money. However, they asserted that the entire claim for the above funds is excessive, but they do not accept the said claim as there is no evidence to acknowledge it.

3. citing the Plaintiff’s claim for conclusion