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(영문) 서울중앙지방법원 2019.08.21 2018가합561980
대여금
Text

1. The Plaintiff:

A. The Defendants jointly and severally agreed to KRW 300,000,000 and Defendant B from June 1, 2018.

Reasons

1. Basic facts

A. On November 13, 2017, the Plaintiff for a monetary loan for consumption, as of November 13, 2017, lent KRW 300,000,000 to the Defendant Company and C as of November 12, 2018 and interest rate of KRW 8% (deposit into a designated bank on November 12, 2018). Defendant D Co., Ltd, E, and F, jointly and severally guaranteed the above obligations owed by Defendant Company and C.

The Defendants do not pay interest on the principal and the principal as from June 1, 2018.

B. On December 15, 2017, the Plaintiff for a monetary loan for consumption, as of December 15, 2017, lent KRW 200,000 to Defendant F on December 14, 2018, with interest rate of KRW 12% (payment in cash on December 14, 2018), and Defendant Company, C, and H guaranteed the above obligation owed by Defendant F.

The aforementioned Defendants did not pay interest on the principal and the said principal from December 15, 2018.

[Reasons for Recognition] Defendant Company: In the absence of dispute, entry of Gap evidence Nos. 2 and 4 (including additional number; hereinafter the same shall apply), the purport of the whole pleadings, defendant C, D Co., Ltd., E, and F: Confession

2. The plaintiff's assertion

A. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 300,000,000 and interest and delay damages thereon pursuant to the said monetary loan agreement on November 13, 2017.

B. Defendant Company, C, and F are jointly and severally liable to pay KRW 200,000,000 and interest and delay damages therefor pursuant to the monetary loan agreement dated December 15, 2017.

3. According to the facts established prior to the determination of the claim against the Defendant Company, the Defendant Company: (a) jointly and severally with the Defendant C, D, E, and F in accordance with the monetary loan agreement dated November 13, 2017; and (b) 8% per annum, the agreed interest rate from June 1, 2018 to September 12, 2018; and (c) the statutory interest rate of Article 3 (1) of the main sentence of Article 3 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until May 31, 2019 (amended by Presidential Decree No. 29768, May 21, 2019).

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