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(영문) 서울중앙지방법원 2017.01.25 2016가단5161858
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) As to KRW 179,262,37 and KRW 146,864,90 among them, from July 11, 2016.

Reasons

1. The defendant A Co., Ltd., on June 23, 2009, received respectively a loan of KRW 1550 million from the plaintiff on July 21, 2009, and KRW 40 million on July 21, 2009, based on the interest rate determined by the plaintiff. The defendant B guaranteed this in order within the limit of KRW 186 million on guarantee amount, and KRW 45 million on guarantee amount.

The overdue interest rate determined by the Plaintiff is 11% per annum.

On July 10, 2016, the balance as of July 10, 2016 is as follows:

B [Ground of recognition] Unsatisfy, entry in Gap evidence 1 to 5 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the cause of claim, the Defendants jointly and severally pay to the Plaintiff the total amount of 179,262,37 won of the principal and interest of KRW 146,864,908 as of June 23, 2009 and the principal amount of KRW 146,864,908 as of the following day from July 11, 2016 to August 2, 2016, the last day of the complaint of this case, 11% interest rate per annum, and 15% interest per annum as prescribed by the Mad Name Litigation Promotion Act, from the next day to the day of full payment. Defendant B shall be paid damages for delay within the limit of KRW 186,00,000, the total amount of principal and interest of KRW 37,146,683 won as of July 21, 209 and the amount of KRW 3050,050,000,000 from the above basic date of this case.

B. Defendant B’s assertion that Defendant B prepared a collateral guarantee against each of the above loans while recognizing the fact, Defendant B merely prepared as a representative director of Defendant A corporation, and the Plaintiff’s claim against C and D, who is the actual operator.

However, this argument can be explained by Defendant B that it is possible for Defendant B to be liable for the collateral guarantee.

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