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(영문) 인천지방법원 2015.11.17 2015가단20161
대여금
Text

1. The Defendants are jointly and severally liable for KRW 1,375,946,983 to the Intervenor succeeding to the Plaintiff and KRW 193,721,001 among them.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

(a)The following facts of recognition may be admitted, either in dispute between the Parties or in full view of the respective entries in the evidence of sub-paragraphs 1 to 5 (including branch numbers if any) and the whole purport of the pleadings:

1) Defendant A (hereinafter “Defendant A”)

On January 19, 2006, the Plaintiff borrowed KRW 1 billion from the Plaintiff on July 19, 2006 ( thereafter, extended to September 19, 2007), the interest rate shall be 11% per annum, and the delay compensation rate shall be 25% per annum, respectively. At the time, Defendant B Co., Ltd (hereinafter “Defendant B”).

(2) On January 20, 2015, the Defendant C and D (Withdrawal of Lawsuit) jointly and severally guaranteed the obligation of Defendant A to the Plaintiff. On the other hand, the Defendant A’s obligation of Defendant A to the Plaintiff as of January 20, 2015 due to the failure to pay the said obligation to the effect that the due date for the repayment of the said loan has expired (i.e., the total amount of KRW 1,375,946,983 (i.e., the balance of principal amount of KRW 193,721,001, 193,721,225,982).

3) Around May 27, 2015 during the instant lawsuit pending, the Plaintiff transferred the above loan claims to the Intervenor succeeding to the Plaintiff, and notified the Defendants of the fact of transferring the said loan claims. B) If so, the Defendants jointly and severally liable to pay to the Plaintiff the amount of KRW 1,375,946,983 and the principal of the loan 193,721,001 from January 21, 2015, the following day of the foregoing base date to the date of full payment, the agreed interest rate of KRW 25% per annum.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the plaintiff's claim by the succeeding intervenor is justified, and it is ordered to accept it.

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