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(영문) 서울중앙지방법원 2021.02.17 2020가단5159296
대여금 등
Text

1. The Plaintiff:

A. As to KRW 63,535,450 and KRW 30,367,182 among them, Defendant C Co., Ltd. from March 20, 2020 to KRW 30,367,182.

Reasons

The cause of the instant claim is identical to the entry of the cause of the instant claim, so there is no dispute between the parties as to the facts of the cause, or it can be recognized in full view of the purport of the entire pleadings in the entry of the evidence Nos. 1 through 4.

Therefore, Defendant C, the principal of which is the Plaintiff, shall be paid 63,535,450 won of the loan principal and 30,367,182 won of the principal among them, with 60% interest per annum from March 20, 2020 to November 6, 2020, 12% per annum from the next day of the delivery of a copy of the complaint of this case, and 10% per annum from the next day to the day of full payment. Defendant D, the joint guarantor, jointly and severally with Defendant C, shall be liable to pay 21,089,590 won of the above amount and 11,79,187 won of the principal, and 20% per annum from the next day to the 205th day of the guarantee limit, 30% per annum from the next day to the 205th day of the payment, 10% per annum, 20% per annum from the next day to the 205th day of the payment.

Meanwhile, the Defendants asserted that in the case of Defendant C Co., Ltd, the registration of the business operator was closed in 2015, and that Defendant D is not capable of repaying due to bad credit standing, and that Defendant C is preparing bankruptcy and immunity procedures, and that Defendant C was unable to repay the instant loan principal due to the circumstances, such as the occurrence of the global financial crisis at the end of 2008 due to the depression of the global financial crisis, etc. However, the Defendants’ assertion alone is against the Plaintiff’s Defendants.

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