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(영문) 서울중앙지방법원 2016.02.01 2015나14562

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. On November 3, 2008, the Plaintiff: (a) on November 3, 2009, leased KRW 550 million to Defendant A Co., Ltd. (hereinafter “Defendant Company”); (b) on November 3, 2009, the rate calculated by adding 3.86% to the base rate for the interest rate CD-dong loan; (c) 17% per annum less than three months; and (d) for not less than three months at 19% per annum (hereinafter “the first loan”); and (c) Defendant B jointly and severally guaranteed the Defendant Company’s debt to the Plaintiff up to KRW 660 million (general guarantee).

On the same day, the Plaintiff loaned KRW 500 million to the Defendant Company at the rate of 5.68% added to the base rate for the CD-dong loan, and the maturity for payment and the delay damages rate at each same level as above (hereinafter referred to as “instant second loan”), and the Defendant B guaranteed the Defendant Company’s debt to the Plaintiff within the limit of KRW 600 million.

On November 11, 2008, the Plaintiff lent 4 billion won to the Defendant Company at the rate of May 14, 2009, adding 5.33% to the base rate for the CD-dong loan, 17% per annum less than three months, 19% per annum for not less than three months, and 19% per annum for not less than three months (hereinafter “the third loan”). The Defendant B guaranteed the Defendant Company’s above loan to the Plaintiff up to 4.8 billion won (comprehensive guarantee).

As of February 11, 2014, the balance of the principal and interest of each loan claim as of February 11, 2014 is as listed in the following table:

The sum of principal and delayed damages of KRW 478,314,11 won 1,02,12,132,097 won 117,92,926,068 won 630,058,165 won loan 3 (including incorporation of special bonds) of this case 2,731,737,713 won 2,755,460,516 won before and after incorporation into the special bond of KRW 2,107,806,530 won, 647,653,986 won 5,487,388,111 won, 132,097,097 won 6305,164,257,165, 284, 165, 285, 296, 205, 3 (excluding loans of this case) of this case