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(영문) 서울중앙지방법원 2014.12.17 2014가단4734
대여금 등
Text

1. Defendant A and Defendant B are jointly and severally liable to the Plaintiff.

A. Defendant B shall not exceed KRW 130 million,50.50.

Reasons

1. The part of the claim against the defendant company and the defendant B

A. On February 8, 2012, the Plaintiff: (a) lent KRW 100 million to the Defendant Company on August 8, 2012; (b) interest rate is 7.3% per annum; and (c) interest rate is 7.33% per annum if the overdue period is not more than one month; (d) annual rate is 8% if the overdue period is not more than three months; and (e) annual rate is more than three months; and (e) annual rate is more than 9% if the overdue period is more than three months; and (e) the annual rate is not more than 17% per annum; and (e) Defendant B jointly guaranteed the obligation for the loan principal and interest within the limit of KRW 130 million.

B) After November 8, 2012, the Plaintiff and Defendant Company extended the expiration date of the credit period to 7.44% per annum, and thereafter, re-along with the expiration date to 9.4% per annum as of March 8, 2013. (C) However, Defendant Company failed to repay part of the above loan until March 8, 2013. (d) On November 18, 2013, the above principal and interest amount as of November 18, 2013 was 50,538,582 won in total (the principal and interest amount of KRW 44,97,016 interest rate of KRW 5,566), and the Plaintiff received KRW 250,000,000 from Defendant Company as of May 18, 2012 (the above credit guarantee fund was issued KRW 250,500,000,000 per annum 305,50,000,000 won per annum.)

(B) On November 18, 2013, the balance of the principal and interest of the loan as of November 18, 2013 is KRW 31,802,232 (such as principal interest rate of KRW 25 million).

[Grounds for recognition] Gap evidence 1, 2, Gap evidence 8 and 10, and the purport of the whole pleadings

B. The judgment of the Defendant Company and the Defendant B shall be jointly and severally against the Plaintiff, and the Defendant B shall not exceed KRW 130 million with respect to KRW 50,538,582 and the balance of principal of loan 44,97,016 among them, from November 19, 2013 to January 27, 2014 (the Director).

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