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(영문) 서울중앙지방법원 2018.11.29 2018가단5175455
대여금
Text

1. The Defendants are jointly and severally liable to the extent of KRW 240,00,00 for Defendant D’s KRW 170,887,460 for the Plaintiff and KRW 94,519 for the Plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

As indicated below, the Plaintiff loaned money to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “instant loan”), and jointly and severally guaranteed Defendant D’s above loan obligations, the representative director of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

On March 14, 2012, 201.3. 1.4.1.4 billion won per annum 17% per annum 12 billion won per annum 12 billion won per annum on March 14, 2013, and at the time of the loan, the Defendant Company made a decision to pay damages for delay in accordance with the overdue interest rate determined by the Plaintiff, where the repayment of principal and interest is delayed on January 25, 2013, which is the commercial bill for commercial operation, KRW 17% per annum 12 million per annum on November 28, 2012, which is the commercial bill for commercial operation.

B. The remaining amount of principal and interest of the instant loan as of July 20, 2018 is as listed in the following table:

(units: 170,50,000 52,013,4065,874,948, 388,354 24,019,774 16,41,258,038,074,074 42,49,106 in total, 94,519,7468,7464,664,664,6647,913,02170,87,460,87,460,460

C. The rate of overdue interest currently applied by the Plaintiff is 15% per annum.

2. Determination as to the cause of action

A. According to the above facts, the Defendants are jointly and severally and severally liable as principal obligor or joint guarantor, and Defendant D is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the overdue interest rate of 15% from July 20, 2018 to the date of full payment, with respect to the remaining principal and interest of the instant loan and the principal amount of KRW 170,887,460, the total sum of principal and interest of the instant loan and KRW 94,519,74, respectively, within the limit of 240,00,000.

B. On June 19, 2012, the Defendants’ assertion 1) The Defendant Company’s assertion purported to obtain additional loans from the Plaintiff on June 19, 2012, and the Plaintiff’s land E and building and F land (hereinafter “each real estate of this case”) are combined with the Plaintiff’s remaining-si, Namyang-si, Inc.

with respect to paragraph (1).

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