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(영문) 서울남부지방법원 2021.02.19 2020가단241776
대여금
Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 35,628,807 and KRW 33,827,307, which shall be repaid from October 23, 2020.

Reasons

Comprehensively taking account of the purport of the entire arguments in the statement or voice of evidence Nos. 2 through 9 and 15, the Plaintiff and the Defendant C Co., Ltd. (hereinafter the Defendant Co., Ltd.) concluded a loan agreement for the loans of 50,700,000 won on February 19, 2019, and accordingly the loan was executed; Defendant D guaranteed the Defendant Co., Ltd’s obligations under the loan agreement; the maximum amount of the guarantee was 60,840,000 won; the Defendant Co., Ltd lost the benefit of February 20, 2020; and the balance of the loan principle as of October 22, 2020 is the principal amount of KRW 33,827,307; interest and delayed interest rate of KRW 1,801,500; and the agreement was delayed by 35,628,807, Nov. 26, 2013.

The defendants dispute that the loan-related contract (Evidence A No. 2) was forged by E Co., Ltd. and they are aware of the loan, but there is no evidence to acknowledge the authenticity of the above letter or to reverse the acknowledgement of facts.

Therefore, the defendants are jointly and severally liable to pay damages for delay calculated at the rate of 11.3162% per annum from October 23, 2020 to the date of full payment. Defendant D is jointly and severally liable to pay to the plaintiff 35,628,807 won and KRW 33,827,307 among them. It is so decided as per Disposition by the assent of all the plaintiff.

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