beta
(영문) 서울중앙지방법원 2018.10.04 2018가단5124402

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) As regards KRW 33,559,784 and KRW 33,000,000 among them, from May 9, 2018 to KRW 33,00. < Amended by Act No. 15530, May 9, 201

Reasons

1. Facts of recognition;

A. As indicated below, Defendant A Co., Ltd. (hereinafter “Defendant A”) approved the application of the basic terms and conditions of bank credit transactions, received small and medium enterprise loan from the Plaintiff, and Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed each of the above loans owed by the Defendant Company.

The credit amount (%) interest rate (%) of Defendant B on the date of a loan agreement (%) 1.30,000,000 on August 6, 2015, 39,600,000 KSIBOR 2.288% on March 6, 2015, KSIBOR 39,60,000 on June 29, 2017, KSIBOR 3.48% on March 29, 2000

B. Defendant Company lost its interest due to overdue interest on March 1, 2018, and on May 8, 2018, the amount of principal and interest of the loan as of May 8, 2018, and the Plaintiff’s claim amount are as listed in the following table.

(unit: 130,00,000,005,597,845,000,000,553,000,000,559,784 33,559,784 6.93% 270,000,000,49,471 270,000,000 5,49,471270,000,000 2270,000,000,000,471275,49,49,49,4718.05% total of 600,000,001,000,31630,000,000,000,059,25309,2559,255 / Each of the grounds for recognition / [the purport of Gap’s evidence of pleading]

2. According to the facts found in the judgment below, the defendants jointly and severally pay to the plaintiff 3,59,784 won in total with the principal of some claims relating to the loans Nos. 1, and 33,000,000 won in total with the principal of 33,00,000 won from May 9, 2018, the following day of the above base date until August 21, 2018, the agreed interest rate of 6.93% per annum, and interest and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the day of full payment. Defendant B shall pay interest and delay damages calculated at the rate of 39,60,000 won per annum from the following day to the day of full payment, and 2) with respect to loans Nos. 2, the total amount of principal and interest of 275,499,471 won, and 270,000 won per annum from May 18, 2018.