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(영문) 서울중앙지방법원 2017.10.24 2016가합558850

대여금 등

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from August 31, 2016 to KRW 906,455,978 and KRW 568,934,098 among them.

Reasons

A. Of all, 906,45,978 won under each credit transaction contract of this case and the total amount of principal and interest of each credit transaction contract of this case, 568,934,098 won (16,934,098 won 30,000,000 won 118,000,000 won) as to the principal and interest of each credit transaction contract of this case, 11% per annum interest rate per annum from August 31, 2016 to November 9, 2016 when the duplicate of the complaint of this case was delivered to Defendant A, and 15% per annum from the next day to the day of full payment, 5% per annum from the interest rate per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until the day of full payment, 299, 496, 196, 2010 to the day of full payment.

B. Under each of the instant joint and several liability agreements, Defendant B is clear that the sum of the principal and interest of the loan as of September 28, 2017 (17,623,486 won (16,934,098 won* 128/365)*11%) 19,629,132 won as of September 27, 2017, which is the date of the closing of argument, exceeds 18,000 won as joint and several liability limit, and as such, the amount of the above joint and several liability limit exceeds 18,00,000 won as of September 28, 2017; ② with respect to credit transaction contracts listed in column 1 of the above table 2, the principal and interest of the loan exceeds 184,80,000 won as joint and several liability limit of 180,000 won as of September 27, 2016; ③ the rate of 16.3% as of the interest rate of 20.16% as of the loan interest rate of the Plaintiff’s.