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(영문) 서울남부지방법원 2015.08.17 2015가합105453

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 244,634,04 and KRW 215,156,398 among the Defendants. < Amended by Act No. 1320, Jan. 27, 2015>

Reasons

1. On September 7, 2011, the date of the agreement on the loan of KRW 110,00,000,000 for support funds to start-up enterprises for the development technology in the subject of loan No. 2 loan of the claim No. 1, the date of the loan of KRW 110,00,000,000 on September 7, 201, the date of the loan of KRW 4.07% per annum 4.24% per annum of the agreed interest rate on September 9, 2011 (changing interest rate) on September 21, 201, the delayed interest rate of KRW 4.24% per annum 12% per annum for two years, and the repayment shall be made every two years by equal installment once every two years.

A. The Plaintiff loaned money to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), as seen in the following table (hereinafter “Defendant Co., Ltd.”) (a loan under a loan agreement concluded around September 201; and (b) a loan under a loan agreement concluded around May 201 and a loan under a loan agreement concluded around May 2012, the Plaintiff jointly and severally guaranteed the Defendant Co., Ltd.’s obligation to the Plaintiff.

B. The Defendant Company did not pay the principal and interest to be paid monthly on June 10, 2013, in violation of the foregoing 1 and 2 loans, repayment interest 364,279 won for the first loan, and repayment interest 4,69,246 won for the second loan, which shall be paid on June 10, 2013, since the Defendant Company did not pay the principal and interest to be paid monthly on the basis of the commencement of delinquency in payment of the principal and interest payable on June 10, 2013, this constitutes grounds for loss of the benefit under the terms and conditions

C. With respect to the first and second loans agreements, the amount that the Defendants shall pay to the Plaintiff as of January 27, 2015 is KRW 244,634,04 (=interest of KRW 210,00,000 principal of KRW 938,275, and KRW 210,218,123 at interest rate of KRW 29,47,646 at interest rate of KRW 29,123 at interest rate of KRW 215,156,398 at interest rate of KRW 215,156,398 (=interest rate of KRW 938,275 at interest rate of KRW 210,000 at interest rate of KRW 210,218,123).

Therefore, the Defendants jointly and severally agreed to the Plaintiff KRW 244,634,04 and KRW 215,156,398 among them, are interest rates delayed from January 27, 2015 until May 23, 2015, the service date of the original copy of the instant payment order.