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(영문) 서울중앙지방법원 2016.05.11 2015나58838

대여금등

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On January 31, 2007, the Plaintiff entered into a credit transaction agreement with the Defendant company with a credit limit of KRW 35,000,000 (the credit limit amount of August 6, 2007 increased to KRW 50,000,000), January 30, 2008 (finally extended to January 31, 2010) whose credit period expiration date was extended to January 31, 2008; and loans KRW 50,000,000 to the Defendant company with a credit guarantee amount of KRW 73,50,000 for the above loans owed by the Defendant company.

B. On March 6, 2009, the Plaintiff entered into a credit transaction agreement with the Defendant Company with a credit limit of KRW 10,000,000,000, and with a delay compensation rate of KRW 17% per annum on March 6, 2010, and the Defendant Company loaned KRW 10,000 to the Defendant Company. Defendant B jointly and severally guaranteed the guarantee limit amount of the Defendant Company’s above loan amount of KRW 13,00,000.

C. Meanwhile, as of January 19, 2015, the above A is based on the foregoing.

The sum of the principal and interest of the port loan amounting to KRW 37,435,676 (=the principal amounting to KRW 20,000,000 and delay damages amounting to KRW 17,435,676).

The sum of the principal and interest of the port loan amounting to KRW 18,658,067 (= Principal amounting to KRW 10,000,000 and delay damages amounting to KRW 8,658,067).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the above determination as to the cause of the claim, the Defendant Company is the primary debtor, and the Defendant Company is jointly and severally liable to the Plaintiff, and the Defendants jointly and severally with respect to the loans on January 31, 2007, as well as the principal amount of KRW 37,435,676, and the principal amount of KRW 20,000,000,000 shall be paid damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as requested by the Plaintiff, within the scope of the agreed damages rate of KRW 37,435,676, and the principal amount of KRW 20,00 from January 20, 2015 to the date of full payment. Defendant B shall be paid within the scope of KRW 73,500,000,