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(영문) 서울중앙지방법원 2015.05.22 2015가합504399
할부금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 995,277,006 and the interest rate thereon from December 17, 2014 to the date of full payment.

Reasons

Description of Claim

On November 8, 2012, the Plaintiff made a loan under an installment financing agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) under which the principal amount is KRW 1.45 billion per annum, interest on installment, 5.38% per annum, overdue interest rate per annum, 25% per annum, and monthly installment payment amounting to KRW 24,283,401, under the pretext of the purchase fund for the 1529t boom.

Defendant B jointly and severally guaranteed Defendant A’s obligation to the Plaintiff according to the installment financing agreement.

On the same day, the Plaintiff entered into an agreement with Defendant C (hereinafter “Defendant C”) on security for damages of installment financing claims covering the Plaintiff’s damage under the installment financing agreement, and Defendant D jointly and severally guaranteed the Defendant C’s obligation to the Plaintiff under the agreement on security for damages of installment financing claims.

As Defendant A delayed the repayment of installment payments, the Plaintiff sent a notice of termination of the installment financing agreement to Defendant A on July 1, 2014, and reached around that time.

As of December 16, 2014, the principal and interest of installment loans remains at KRW 995,277,006 (principal principal KRW 887,457,955,955,200, interest KRW 98,633,851).

Articles 208(3)1 and 257(1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without a presentation of a written reply)

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