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(영문) 서울남부지방법원 2015.03.31 2014가단41159
대여금등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 979,637,606 as well as five per annum from October 1, 2013 to December 5, 2013.

Reasons

1. The following facts are based on each of the following facts: (a) the Plaintiff and the Defendants did not dispute each other; (b) Gap evidence 2, Gap evidence 3-1, 2, 4-3, and Eul evidence 11-1, and 12; and (c) the whole purport of the pleadings.

On September 6, 2011, the Plaintiff lent KRW 1 billion to Defendant Health Club Co., Ltd. (hereinafter “Defendant Health Club”), and Defendant M&C Co., Ltd and Defendant E&V Co., Ltd. jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff. Defendant Health Club agreed to pay the Plaintiff’s obligation to the obligor, surety, or surety’s obligation to secure another’s property, provisional attachment or provisional disposition.

(B) from the following (hereinafter “instant loan agreement”).

On September 30, 2013, Defendant Health Association paid KRW 100 million to the Plaintiff for the repayment of loans under the instant loan agreement. At that time, Defendant Health Association paid KRW 14,240,00 for the instant loan agreement: ① the costs of provisional attachment No. 2013Kadan4557 in relation to the instant loan agreement, KRW 14,315,90,90 for the auction-related costs for exercising the security right to Seosan branch of the Daejeon District Court, and KRW 16,25,750 for the provisional attachment No. 2013Kadan3182 in this Court; ② the interest remaining after the Plaintiff accepted the Defendant’s request for the reduction of and exemption from the Defendant’s obligations; ③ the Plaintiff was refunded KRW 68,965,289 as the Plaintiff withdraws the auction-related costs of KRW 728,450.

C. The overdue interest rate under the instant loan agreement and the agreement on reduction or exemption, etc. is 5.97% per annum from October 1, 2013 to December 5, 2013; 5.88% per annum from October 6 to January 25, 2014; and the same year from January 26 to December 25, 2014

3.5.86% per annum, 5.84% per annum from the 6th of the same month to the 26th of the same month, 13.86% per annum from the 27th of the same month to the 28th of the same month, and 13.86% per annum from the 29th of the same month

5. up to 27.1% per annum.

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