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(영문) 서울중앙지방법원 2015.01.14 2014가단5050978
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from February 12, 2014, as to KRW 9,585,401,053 and KRW 5,062,132,097 among them.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 to 4 (including additional numbers) as to the cause of the claim, the plaintiff shall set out the loan amount of KRW 1.50,00,00 on November 3, 2008 to defendant A Co., Ltd. (hereinafter below) on the basis of the joint and several surety of defendant B as KRW 1.50,000 on November 3, 2008, annual interest rate of KRW 17% on less than three months, annual interest rate of KRW 3 months, annual interest rate of KRW 60,000,200 on November 3, 2008, KRW 50,000 on KRW 20,000 on April 3, 2008, KRW 205, annual interest rate of KRW 30,000 on loan amount of KRW 50,000 on the basis of five months, annual interest rate of KRW 17,300,000,31.

According to the above facts, barring any special circumstance to the Plaintiff, Defendant A is obligated to pay 9,585,401,053 won with interest rate of KRW 5,062,132,097, which is the principal of the loan of this case, and 17% per annum from February 12, 2014 to April 20, 2014, the agreed interest rate of KRW 9,585,401,053 and KRW 5,062,132,097, which is the following day of the delivery of the complaint of this case, to the Defendants, and to pay 6,060,000 per annum from April 21, 2014 to the day of full payment from the next day of the delivery of the complaint of this case to Defendant A, jointly and severally with Defendant A, the amount of money calculated by 20% per annum from April 21, 2014 to the day of full payment.

2. Judgment on the defendants' assertion

A. 1) The Defendants asserted that Defendant A is not the party to the instant loan. The parties to the instant loan are either C or D (D below) with the instant loan deposited between the Plaintiff and the Defendants as Defendant A.

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