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(영문) 대구지방법원 2018.12.21 2018가단115716
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 93,858,085 and KRW 92,977,981 among them, from March 28, 2018.

Reasons

1. Chief;

A. On April 17, 2015, the Plaintiff entered into a loan agreement with Defendant A Co., Ltd. with a loan amount of KRW 100,000,000, and a delayed interest rate of KRW 12%, and Defendant B and Defendant C entered into a joint and several guarantee agreement with the Plaintiff regarding the above loan obligation.

B. As of March 28, 2018, Defendant A, as of March 28, 2018, bears the Plaintiff’s obligations with respect to the above loan amounting to KRW 92,977,981, interest 1,567,981, overdue interest 880,104, total amounting to KRW 93,858,085.

C. Therefore, the Plaintiff seeks the Defendants to pay the same money as stated in the purport of the claim.

2. According to the evidence Nos. 1 through 5, all of the Plaintiff’s assertion can be acknowledged.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 93,85,085 and KRW 92,977,981 among them, from March 28, 2018 to June 1, 2018, the delivery date of the complaint in this case; Defendant B, to July 6, 2018, the delivery date of the complaint in this case; Defendant C, to April 6, 2018; and Defendant C, to April 6, 2018, the delivery date of the complaint in this case, to pay the amount of money calculated at the rate of 12% per annum per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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