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(영문) 대전지방법원 2020.07.09 2020가단116439
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 508,276,889 and KRW 295,00,000,000.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”).

) On October 29, 2014, the repayment date of KRW 300,000,000 was set at KRW 300,000 on October 29, 2014, the loan interest rate of KRW 3.83% per annum and KRW 17% per annum. (2) Defendant C guaranteed the Defendant Company’s loan obligations against the Plaintiff within the limit of KRW 360,000,000 for the Defendant Company’s loan obligations.

3) On October 31, 2019, as of October 31, 2019, the amount of principal obligation against the Plaintiff of the Defendant Company is KRW 295,00,000, and the amount of obligation such as interest is KRW 213,276,889. 4) The rate of delay damages from October 31, 2019 to the present is 15% per annum.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 508,276,889 won (=295,00,000 won 213,276,889 won) and damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate from November 1, 2019 to the date of full payment.

Provided, That Defendant C is obligated to pay within the scope of KRW 360,000,000, which is the guarantee limit amount.

2. In conclusion, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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