logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2015.10.28 2015가단7413
이자금
Text

1. The Defendants jointly and severally with C Incorporated Incorporated Co., Ltd. to the Plaintiff KRW 47,394,204 and the Defendants with respect thereto on June 30, 2015.

Reasons

According to Gap evidence Nos. 1 through 4, the plaintiff lent KRW 289,00,00 to D on July 7, 2009 (interest rate of 6.1% per annum, and July 7, 2012 on the date of repayment for the last maturity maturity). The plaintiff accepted the above debt of D on September 22, 2009 and entered into a contract for debt assumption and contract for probation guarantee with the content of joint and several debt guaranteed by the defendants. The plaintiff executed the secured real estate of the above claim, and received dividends of KRW 302,236,574 out of the loan principal and interest of KRW 352,396,304 on November 13, 2013.

Therefore, the Defendants are jointly and severally liable with C Co., Ltd. to pay the Plaintiff interest accrued at KRW 47,394,204 and delay damages calculated at the rate of 20% per annum from June 30, 2015 to September 30, 2015 under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and 15% per annum from the next day to the date of full payment.

The plaintiff's claim against the defendant B shall be accepted on the grounds of all of the reasons, and the claim against the defendant A shall be accepted within the scope of the above recognition, and the remainder of the claim (from October 1, 2015, part of the damages for delay) shall be dismissed on the ground of the reasons. It is so decided as per Disposition.

arrow