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(영문) 서울중앙지방법원 2020.07.22 2019가단5277075

대여금 등

Text

1. Defendant C Co., Ltd.:

A. As to KRW 265,255,480 and KRW 260,00,00 among them, from September 9, 2019 to KRW 260,000.

Reasons

1. Basic facts

A. On April 18, 2018, the Plaintiff loaned KRW 300,000,00 to Defendant C Co., Ltd. (hereinafter “Defendant C”), KRW 15% by adding the overdue interest rate to the agreed interest rate of KRW 6 months, and the overdue interest rate of KRW 300,000 to the agreed interest rate of KRW 15%. The overdue interest rate was set at 6% where the overdue interest rate is less than one month, 7% where the overdue interest rate is less than three months and 8% where the overdue interest rate is more than three months (hereinafter “instant 1 loan”), and 150,000,000 where the overdue interest rate is more than three months, respectively, on the same condition.

(hereinafter “instant two loans”). Defendant D, for the instant loan, set the guarantee limit amount of KRW 318,00,000 for the instant loan, set out a collateral guarantee for the joint and several guarantee amount of KRW 318,00,000, and written a collateral guarantee for the instant two loans, setting the guarantee limit amount of KRW 138,00,000, respectively.

B. Defendant C failed to fully repay the principal and interest of each of the above loans, and the balance of the principal and interest of each of the above loans accrued until September 8, 2019 is as follows.

10,000,005,480,265,255,480 of loans 1 of this case 2 of this case 2 of this case 2 of this case 2 of this case 2 of this case 2 of this case 2 of this case 2,442,613 12,442,613 12,613 / 613 / [Grounds for recognition] 1, 2 of the evidence Nos. 1 and 2 of this case (including each number; hereinafter the same shall apply), the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the above facts of determination, Defendant C shall pay to the Plaintiff the principal and interest of the instant loan of KRW 265,255,480 and the principal of KRW 260,00,00 among the principal and interest of KRW 1 of the instant loan from September 9, 2019 to September 30, 2019, the delivery date of the original copy of the instant payment order against the said Defendant, KRW 6% per annum for the Plaintiff within the scope of the agreed arrears interest rate, KRW 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and KRW 112,442,613, the principal and interest of the instant loan of KRW 2 of the instant loan of KRW 110,00,000,000 per annum from September 9, 2019 to September 30, 2019.