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(영문) 서울중앙지방법원 2015.05.20 2015가단2452

대여금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff; Defendant B Co., Ltd. within the scope of KRW 360,000,000 and KRW 228,081,320.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1, 2, and 3 as to the Plaintiff’s claim, the Plaintiff, on December 28, 201, lent KRW 300,000,000 per annum to the Defendant A on December 27, 2011, with the repayment date fixed on December 27, 2013 (the following loans), Defendant B Co., Ltd. (the former C Co.), with the maximum limit of KRW 360,00,000, jointly and severally guaranteed the instant loan amounting to KRW 360,00,00, and Defendant A lost the benefit of time due to the delay in interest on the instant loan, and as of November 11, 2014, the principal and interest of the instant loan amounting to KRW 228,081,320,000 (principal principal of KRW 20,000).

According to the above facts, the defendants are jointly and severally liable to the plaintiff, and the defendant B is obligated to pay the principal and interest of 228,081,320 won and the principal of 200,000,000 won among them within the limit of 360,000,000 won, which is the maximum amount of collateral guarantee, to the plaintiff, 17% per annum, which is the overdue interest rate for the contract from November 12, 2014 to December 5, 2014, which is the delivery date of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. The Defendants asserted to the effect that the judgment of the Defendants’ assertion does not change the date because they were unable to repay due to the lack of good financial condition, but the above reason is not acceptable since it does not constitute a ground for refusing the Plaintiff’s claim.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.