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(영문) 서울중앙지방법원 2016.03.25 2015가단5387523
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a)payment of 50,459,953 won;

(b) 83,481,387 Won and its 45,430.

Reasons

1. The defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") entered into a credit transaction agreement with the plaintiff and received loans as specified in the following table, and the defendant B jointly and severally guaranteed the principal and interest obligation of the defendant Co., Ltd. based on the above credit transaction agreement.

On July 17, 2009, the credit amount of the date loan (won) credit guarantee amount of the previous loan (hereinafter referred to as “the credit amount”) shall be KRW 50,000,000,000,000 as the date of the business operation of the Sinsan City on June 17, 2010, which was not repaid pursuant to the credit transaction agreement as of September 17, 2015, the loan amount of KRW 50,000,000 as the ordinary business operation of the Sinsan City on June 17, 2010 is as follows:

The maximum guarantee amount of the remaining principal of the loan (won) shall be 45,430,196,38,051,191 83,481,481,387,60,000,000 as a general corporate driving on July 17, 2010, 2025,235,250,250,235,235,250,250,250,250,250,250,600,000,000,025,224,70325,224,2424, 224,70360,000,000,000,00 for the support funds for fostering small and medium enterprises on June 17, 2010, the purport of the entire pleading shall be 81,51,1431,14,314,1394-6

2. Determination as to the cause of action

A. According to the facts of recognition of the remaining principal and interest of loans borne by the Defendants, the Defendants are jointly and severally liable to pay the Plaintiff the remaining principal and interest of loan and damages for delay.

(1) With respect to loans for the general business operation (military business operation preservation) of July 17, 2009, the interest of KRW 83,481,387 and the remaining principal of KRW 45,430,196 shall be paid at the rate of 15% per annum from September 18, 2015, which is the following day of the above base date until the date of full payment. Defendant B shall pay damages for delay calculated at the rate of KRW 15% per annum from September 18, 2015 to the date of full payment. Defendant B shall pay to the extent that it does not exceed KRW 60,000,00,000, the limit of guarantee amount of KRW 2) to the extent that it does not exceed KRW 50,459,953 (=25,235,250 won, 250 won, 224,703 won) with respect to loans for the general business operation of the company and the support

B. Claim amount against Defendant B

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