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(영문) 서울중앙지방법원 2015.07.23 2014가단169679
대여금
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally liable for KRW 860,109,166 and KRW 348,350,235 among them.

Reasons

1. Facts of recognition;

A. On September 29, 2006, the Plaintiff entered into each credit transaction agreement with Jinjin Construction Co., Ltd. with the maximum amount of KRW 400,00,000, annual interest rate of KRW 12%, annual interest rate of KRW 22%, annual interest rate of delay compensation rate of KRW 22%, repayment date of September 29, 2007, ② the maximum amount of June 4, 2007, annual interest rate of KRW 400,000, annual interest rate of KRW 12%, annual interest rate of KRW 22%, maximum interest rate of delay compensation rate of KRW 22%, and repayment date of June 4, 2008, and jointly and severally guaranteed each of the above loans by G, Defendant A, Defendant B, and Defendant C.

B. Jinjin Construction Co., Ltd. failed to repay each of the above loans at the repayment date. As of April 10, 2014, the liabilities of KRW 6,99,056, interest and overdue interest 14,234,625, and ② the total of KRW 341,351,179, and interest and overdue interest 497,524,306, and KRW 860,109,166.

C. Meanwhile, G (hereinafter “the deceased”) died on March 5, 2008, and Defendant D, his wife, succeeded to the deceased’s property as the shares of 3/7, Defendant E and Defendant F, respectively, 2/7.

Defendant D, Defendant E, and Defendant F filed a request for a qualified acceptance trial with the District Court 2015-Ma583, and the said court accepted the said judgment on April 27, 2015.

【Defendant A, B, and C: The fact that there is no dispute over Defendant D, E, and F who made a confession, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the above facts of determination, Defendant A, B, and C are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 22% per annum from April 11, 2014 to the date of full payment under the agreement for the amount of KRW 860,109,16 of the loan principal and interest of KRW 348,350,235 of the loan principal (= KRW 6,99,056 KRW 341,351,179 of the loan principal and interest of KRW 6,99,056). Defendant D, E, and F are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 22% per annum from April 11, 2014 to the date of full payment. Defendant D, E, and F are jointly and severally liable to the Plaintiff within the limit of property inherited from Defendant A, B, and the amount of KRW 21,270,100 of the loan principal and interest of KRW 14,180,0000 and Defendant F.

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