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(영문) 대구지방법원 서부지원 2018.01.31 2017가단53740
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 150,050,958 and KRW 138,352,03 among them, from March 28, 2017.

Reasons

1. Basic facts

A. On May 8, 2015, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), setting the credit limit amount to 500 million won, the agreed rate to 7% per annum, and the delay compensation rate to 25% per annum, and made a loan to the Defendant Company.

B. Defendant B guaranteed the principal and interest obligation owed by the Defendant Company to the Plaintiff according to the instant credit transaction agreement.

C. Since then, the Defendants lost the interest due to the Plaintiff’s failure to repay the principal and interest of the loan under the instant credit transaction agreement. As of March 27, 2017, the Defendants’ remaining principal and interest of the loan that the Defendants are obligated to pay to the Plaintiff under the said credit transaction agreement was the total amount of KRW 150,050,958, in addition to the principal and interest of the loan amount of KRW 138,352,03, agreed interest and overdue interest.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining principal and interest of KRW 150,050,958 under the credit transaction agreement of this case as well as damages for delay calculated at the rate of 25% per annum, which is the overdue interest rate of KRW 138,352,03, among the principal and interest of KRW 138,352,03, from March 28, 2017 to the date of full payment, and there

3. Thus, the plaintiff's claim of this case against the defendants is accepted for all reasons.

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