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(영문) 서울중앙지방법원 2019.07.26 2018가단5226094

대여금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from September 7, 2018, as to KRW 74,773,166 and KRW 42,00,00 among them.

Reasons

1. Facts of recognition;

A. On November 13, 2011, the Plaintiff entered into a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on a credit transaction agreement (hereinafter “the instant credit transaction agreement”) of KRW 50,000,000 of the credit subject (hereinafter “the instant credit transaction agreement”). The network E (hereinafter “the network”) was jointly and severally and severally guaranteed (one-time guarantee and one-time guarantee limit of KRW 60,000,000).

B. The Plaintiff implemented a loan to the Defendant Company pursuant to the instant credit transaction agreement, and thereafter, the Defendant Company lost its interest due to overdue interest or the principal and interest of loan, etc., and as of September 6, 2018, the amount of principal and interest of the Defendant Company’s loan obligations under the instant credit transaction agreement was KRW 74,773,166 (=42,00,000,000 interest and delay damages).

C. The overdue interest rate of corporate credit, such as the instant credit transaction agreement, is 15% per annum from April 13, 2018 until the date.

On the other hand, the deceased died on June 4, 2013, and his heir is Defendant C and Defendant D (FF) who is his spouse.

(The share of inheritance is 3/5 by Defendant C, and D is 2/5 by Defendant D).

Defendant C and D reported to the Seoul Family Court 2013 Ma-Ma7723, and the above court rendered a judgment on November 11, 2013 on the acceptance of the above inheritance limited recognition report.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, each entry (including additional numbers) in Eul 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant Company, the primary debtor, calculated at the rate of 15% per annum from September 7, 2018 to the date of full payment, as to the principal and interest of KRW 74,773,166 under the instant credit transaction agreement, and the principal principal of the loan to KRW 42,00,000,00,000 under the loan agreement, and the amount calculated at the rate of 15% per annum from September 7, 2018 to the date of full payment. The Defendant C, the joint guarantor, the