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(영문) 대구지방법원 2017.11.21 2017가단120339

대여금

Text

1. The Defendants shall be jointly and severally liable to the Plaintiff, and Defendant B shall be jointly and severally liable to the extent of KRW 198,90,000, and KRW 299,628,492.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement with Defendant A as follows.

- - In addition to the overdue interest rate of 10% per annum on the date of expiration of the extension period of 2012-03-27 of the extension period of 2012-03-27 from the date of maturity of the extension of 153,00,000 won for general loan loans for the subject of credit, the overdue interest rate of 10% per annum for the overdue interest period of 2012-09-27 shall be applied, but shall

B. Defendant B Co., Ltd. jointly and severally guaranteed a loan amount of KRW 198,900,000 among the loan obligations under the above credit transaction agreement.

on March 27, 2012 / General loan 153,000,000 / General loan 146,628,492 29,628,628,492 29,628,492

C. The balance of the above loans as of May 17, 2017 is as listed below:

【Facts without dispute between the parties to recognition】 The entries in Gap evidence 1 through 4, and the purport of the whole pleadings

2. According to the above facts of determination and conclusion, the Defendants are jointly and severally liable to the Plaintiff. However, Defendant B, within the scope of KRW 198,90,00,00, is obligated to pay damages for delay calculated at the rate of 23% per annum of the above overdue interest rate from May 18, 2017 to the date of full payment for the principal amount of KRW 299,628,492 and the balance of principal amount of KRW 153,00,000.

Therefore, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.