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(영문) 서울중앙지방법원 2013.02.13 2012가합72846

대여금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 162,450,050 and KRW 147,859,090 among them shall be the Defendant from August 15, 2012.

Reasons

1. Indication of claim;

A. On October 30, 2009, the Plaintiff agreed to lend KRW 142,00,000 as mining funds to Defendant A Co., Ltd. (hereinafter the Defendant Co., Ltd.) at an interest rate of 4.5% per annum and at an interest rate of 13.25% per annum (the interest rate determined by the Plaintiff) and to repay in installments four times per annum from September 15, 2010 to September 15, 2013.

B. Defendant B and C guaranteed the above loans owed to the Plaintiff of the Defendant Company on the same day.

C. As of August 14, 2012, the outstanding amount of the loan as of August 14, 2012 is KRW 142,00,00, interest of KRW 5,859,09 and interest of KRW 147,59,090 and interest of KRW 14,590,960, and interest of KRW 162,450,050. As such, the Plaintiff seek against the Defendants payment of the outstanding amount of KRW 147,859,090 (= KRW 147,859,090) and damages for delay for the interest of KRW 147,859,09,09.

2. Applicable provisions;

(a) Defendant Company and C: Article 208(3)2 of the Civil Procedure Act (Confession)

(b) Defendant B: Article 208(3)3 of the Civil Procedure Act (Service by public notice);