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(영문) 서울남부지방법원 2016.05.13 2015가단242041
대여금
Text

1. The Defendants jointly and severally (However, within the extent of KRW 49,200,00 within the extent of KRW 40,662,356 and 37.

Reasons

1. Facts of recognition;

A. On December 16, 2014, the Plaintiff loaned KRW 41 million to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at the interest rate of KRW 9.9% per annum, overdue interest rate of KRW 25% per annum, and the principal and interest on repayment method. On the same day, Defendant B provided joint and several surety by setting the Defendant Co., Ltd’s obligation as guarantee limit of KRW 49.2 million.

B. The Defendant Company lost its interest on September 1, 2015 due to the delay in the repayment of principal and interest on the above loan, and as of November 27, 2015, the instant loan amounted to KRW 37,019,963, interest 1,164,303, interest 517,197, interest 1,960,893.

[Ground of recognition] Gap evidence Nos. 1 (the second loan written application, the defendant Eul's assertion that the defendant Eul forged part of this document, but there is no evidence to acknowledge it), Gap evidence Nos. 2, 3, and 4, Gap evidence No. 5 (the voice file, the defendant Eul's assertion that the defendant Eul's statement was recorded by Eul's coercion, but there is no evidence to acknowledge it)'s whole voice and the whole purport of the pleading

2. According to the above facts, the Defendants are jointly and severally liable (Provided, That Defendant B is jointly and severally liable to pay to the Plaintiff 40,662,365 won total of the principal and interest of this case and damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate, from November 28, 2015 to the date of full payment.

3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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