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(영문) 서울중앙지방법원 2018.11.15 2018가단5147900

대여금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from April 11, 2018 to KRW 298,632,773 and KRW 170,605,437 among them.

Reasons

1. Facts of recognition;

A. As indicated in the table below, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (the trade name was changed from C stock company to the current trade name as of June 1, 201; hereinafter “Defendant Company”) and loaned money to the Defendant Company. At the time, Defendant B, a representative director of the Defendant Company, entered into a joint and several guarantee agreement with the Defendant Company pursuant to the above credit transaction agreement (hereinafter “instant loan agreement”).

On July 25, 2005, the credit limit amount of the credit extended on the date of the agreement and the amount of the credit limit of the guarantor's collateral guarantee, KRW 35 million, KRW 42 million, KRW 35 million, KRW 42 million, KRW 300 million, KRW 12 million, KRW 32 million, KRW 300,000 on September 30, 201, KRW 3200,000, KRW 12,000,000, KRW 130,000,000, KRW 150,000,000.

(b) The remaining amount of principal and interest (unit: KRW 168,00,000,000,707,94341,837,082120,545,025,025 420,000,540,546,546,237 10,093,855 57,127,357, 1577,767,479,479, 120,000,000 small 159,546,23720,82888,964,479,4279,479,279,279,279,504,500,5296,57,6365,296,205,205,2965,67,616,2965,205,296,25,2967,264,20

C. On October 1, 2018, the base rate for sale and purchase of US dollars as of October 11, 2018 is KRW 1,142,50.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence Nos. 1 through 8, 10 and the purport of the whole pleadings

2. Determination:

A. According to the above facts, unless there are special circumstances, the Defendants are the primary debtor or joint and several sureties, and Defendant B is jointly and severally liable to pay the Plaintiff the remaining principal and interest within the scope of the limit of the above collateral guarantee.

(b) this;