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(영문) 부산지방법원 2016.11.11 2016가단338743
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 127,39,863 and KRW 121,431,035 among them, from July 8, 2016.

Reasons

1. Indication of claim;

A. The Plaintiff loaned a total of KRW 140,00,000 to Defendant Limited Company A (hereinafter “A”) as shown below, and Defendant B guaranteed the above loan obligations.

However, from June 10, 2016, Defendant A lost the benefit of time due to the delinquency of the principal and interest of the above loan from June 10, 2016, and accordingly, the outstanding principal and interest of the loan calculated as of July 7, 2016 are KRW 127,39,863 in total as indicated below.

Loans 1, 12.9% per annum 12.9% per July 24, 2015, 200, 500,887, 887, 989, 968, 90,042, 2, 30,000,000, 35,543,5461,813, 86037,356, 906, 140,000,000, 431,035, 535, 968, 828, 39, 957, and 2, 40,000,000, 121, 431, 035, 968, 827, 39, 86363

B. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 127,39,863 won and 121,431,035 won with interest rate of 25% per annum from July 8, 2016 to the date of full payment, which is the day following the above calculation basis day.

2. The judgment deemed to be the basis of recognition (Article 208(3)2 of the Civil Procedure Act, and Article 208(3)2 of the same Act only stipulate the purport of an appeal against the payment order, and there is no specific statement as to the content of disputing the Plaintiff’s claim, and the above written objection does not constitute a reply as stipulated under Article 256 of the Civil Procedure Act. Furthermore, the Defendants were summoned lawful by public notice and did not appear on the date of pleading. Accordingly, under Article 150(3) of the Civil Procedure Act, the Defendants are deemed to have led to the confession of all the Plaintiff’s allegations (see, e.g., Supreme Court Decision 89Meu4045, Jul

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