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(영문) 서울중앙지방법원 2020.06.17 2019가단5171368
대여금
Text

1. The plaintiff A corporation:

A. The Defendants are jointly and severally liable for 70,000,000 won and the Defendants shall be jointly and severally liable for the payment from January 1, 2019 to June 17, 2020.

Reasons

1. Determination on the cause of the claim

A. On October 17, 2018, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) lent KRW 70 million to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at the due date for payment on December 16, 2018, annual interest rate of KRW 10%, and delay damages rate of KRW 15% per annum. Defendant D guaranteed the Defendant Co., Ltd’s obligation of the above loan. The fact that the Plaintiff Co., Ltd lent KRW 30 million to Defendant D on March 29, 2019. The fact that the Plaintiff Co., Ltd lent KRW 5 million to the Defendant Co., Ltd. on March 3, 2019 does not conflict between the parties, or that the Plaintiff Co., Ltd borrowed KRW 1 to 6,00,000,000 x KRW 3616,000 x annual interest rate of KRW 306,000,000 x KRW 361666,000.

B. According to the above facts of determination, the Defendants jointly and severally are obligated to pay the Plaintiff Company 70 million won and delay damages due to the accrued date of the Plaintiff Company from January 1, 2019 to June 17, 2020, which is the date the Plaintiff Company sought from January 1, 2019 to June 17, 2020, with 12% annual interest rate of 12% per annum sought by the Plaintiff Company within the agreed delay damages rate from the next day to the day of full payment. Defendant D is jointly and severally liable to pay the Plaintiff Company 30 million won and its copy after the delivery of the complaint of this case from August 10, 2019 to June 17, 2020, with 5% annual interest rate of the Plaintiff Company’s claim from the next day to the day of full payment, and 30% per annum and delay damages from the next day to the day of full payment, and Defendant D is obligated to pay the Plaintiff Company 100% interest rate of the Plaintiff Company’s complaint of this case.

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