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(영문) 서울남부지방법원 2018.12.21 2018가단242479

대여금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from July 18, 2018, as to KRW 53,009,698 and KRW 51,507,139 among them.

Reasons

1. Facts of recognition;

A. On June 30, 2016, the Plaintiff loaned KRW 80,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at the interest rate of 7.5% per annum, 10.5% per annum, and 42 months per annum. In this case, Defendant C set the maximum amount of the Defendant Company’s obligation to guarantee the Defendant Company’s obligation as KRW 104,000,000.

B. On March 5, 2018, Defendant Company lost the benefit of time due to the failure to repay the principal and interest properly.

C. As of July 17, 2018, the principal and interest of a loan is KRW 53,009,698, including the principal and interest of KRW 51,507,139.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings

2. According to the above facts of determination, the defendant company is obligated to pay to the plaintiff the above interest of KRW 53,009,698 as well as the principal of KRW 51,507,139 as well as damages for delay calculated at the rate of 10.5% per annum from July 18, 2018 to the date of full payment. The defendant C is jointly and severally liable with the defendant company to pay the above interest within the maximum of KRW 104,00,000 as the maximum amount of the guaranteed debt.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.