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(영문) 서울중앙지방법원 2019.11.26 2017가합574897
대여금
Text

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

(a) 329,957,618 Won and 324,001,321 of them;

Reasons

1. Determination as to the cause of claim

A. 1) Under the joint and several guarantee of Defendant B, the Plaintiff loaned the pertinent money to the Defendant Company as indicated in the following table. B B2) The Defendant Company delayed the repayment of each of the above loans and lost the benefit of the due date. The remaining principal and interest interest on the loan as of September 27, 2017 (calculated until September 26, 2017) are listed below.

3) In excess of the debt on May 30, 2017, Defendant Company sold the instant building, the sole property of which is (affirmative) to Defendant C with a price of KRW 100 million (excluding value-added tax), and completed the registration of ownership transfer in the name of Defendant C with a Government District Court No. 60050 received on June 30, 2017. [Grounds for recognition] In the absence of dispute, Party A’s evidence Nos. 1 through 8 (including serial numbers), the head of this court, the head of the agency of this court, the fact-finding results of each fact-finding with the Minister of National Court Administration, the purport of the entire

B. According to the facts of determination 1, Defendant B and the Plaintiff jointly and severally; ① the total amount of principal and interest of KRW 329,957,618 as well as KRW 324,01,321 as of the above base date from September 27, 2017 to March 29, 2019, the annual interest rate of delayed contract interest is 11% as of the date of delivery of a copy of the complaint of this case; and from the following day to May 31, 2019 to the date of full payment; and the interest or delay delay interest at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be paid from the following day to the date of full payment; ② the total amount of principal and interest of KRW 22,09,001 as well as the annual interest rate of KRW 329,000 to the date of full payment; and the annual interest rate of KRW 310,297.21.7.2

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