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(영문) 서울남부지방법원 2016.05.03 2015가단241956

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 162,88,449 and KRW 157,114,188 among them. < Amended by Act No. 1358, Nov. 21, 2015>

Reasons

1. Facts of recognition;

A. On April 29, 2015, the Plaintiff (hereinafter “Defendant Company”) granted a loan of KRW 164,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant Company”) for a period of 60 months during which the loan was granted (hereinafter “instant loan”). Defendant B guaranteed the Defendant Company’s debt.

B. At the time of the instant loan, the Defendant Company agreed to pay damages for delay calculated by applying 19% per annum to the remaining principal and all obligations related to the credit transaction at the time of the occurrence of the cause for the loss of the benefit of time under the credit transaction basic terms or the credit transaction agreement.

C. The Defendant Company lost the benefit of September 25, 2015 due to the failure to repay the principal and interest under the instant loan agreement, and the remaining debt details under the instant loan agreement as of November 20, 2015 are as follows.

- The balance of principal: 157,114,188 - Interest and overdue interest: 5,774,261 - Total amount: 162,88,449 - The defendant company: the judgment for deeming confessions (Article 208(3)2 of the Civil Procedure Act) - The defendant company: The facts not disputed, the entries in Gap's evidence 1 through 4, and the purport of the whole pleadings.

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 162,88,449 of the principal and interest of the instant loan and the principal amount of KRW 157,114,188 of the loan, 19% of the agreed interest rate per annum from November 21, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants of this case is with merit, and it is so decided as per Disposition.