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(영문) 서울중앙지방법원 2018.05.17 2017가단83479
대여금 등
Text

1. The Defendant jointly and severally with Nonparty B Co., Ltd. for KRW 89,566,214 and KRW 49,645,707, among them, shall be jointly and severally against the Plaintiff.

Reasons

1. Facts of recognition [the grounds for recognition: Gap evidence 1-2, Gap evidence 3, Gap evidence 7 (the defendant denies the fact of preparation of a probation guarantee, but considering the entries of subparagraphs 5 and 6, and the whole purport of arguments in the testimony of the witness C, it is presumed that the authenticity of the whole document is established, since the stamp image following the defendant's name is recognized to be by the seal of the defendant, and the authenticity of the whole document is presumed to be established], and the purport of whole pleadings;

A. On April 30, 2010, Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit transaction agreement with the Plaintiff as follows.

On April 30, 2010, April 30, 201, 201, the amount of loans extended to a company at a delayed interest rate of 50,000,000 won on the date when the credit is terminated, shall be 15% per annum on April 30, 201 (up to April 30, 2017 thereafter).

B. At the time of the conclusion of the above credit transaction agreement, the Defendant, who was the representative director of the non-party company, set the limit of guarantee amount to KRW 65,00,000, and jointly and severally guaranteed the principal and interest of the non-party company and all other obligations based on

C. The Plaintiff’s interest rate applicable to the foregoing credit transaction agreement is 6.0% applicable to the overdue period of less than one month from March 24, 2015, which is lower than the applicable interest rate of 6.0% and 15% per annum if the overdue period is less than three months, and the lower interest rate of 7.0% applicable interest rate of 15% if the overdue period is less than three months, and the lower interest rate of 8.0% applicable interest rate and 15% if the overdue period exceeds three months.

From December 26, 2012, Non-Party Company lost its interest due to delay in paying the principal and interest, and on March 19, 2017, the principal and interest of the loan as of March 19, 2017 are KRW 49,645,707 and overdue interest KRW 39,920,507.

2. According to the above facts of determination, the defendant is jointly and severally with the non-party company, which is the principal debtor, from among damages for delay calculated by 15% per annum, which is an overdue interest rate, from March 20, 2017 to the day of full payment, as to the total amount of the principal and interest of this case and the principal amount of KRW 49,645,707.

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