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(영문) 서울동부지방법원 2019.08.29 2018가단119682
대여금
Text

1. The Plaintiff:

A. Defendant C Co., Ltd is from April 30, 2018 to KRW 407,760,232 and KRW 390,163,027 among them.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is an executor who has promoted the business of newly building and selling multi-family housing on the Gangnam-gu Seoul Special Metropolitan City and 11 lots of land. Defendant E Co., Ltd. (hereinafter “Defendant E”) is a Si Corporation.

B. Defendant C Co., Ltd. (hereinafter “Defendant C”) is between the Plaintiff and H on January 14, 2016.

In relation to the project set forth in the subsection, the Plaintiff entered into an agreement on the loan of the ABL project “instant loan agreement” (hereinafter “instant loan agreement”) with the content that the Plaintiff would receive a loan of KRW 2.5 billion from the Plaintiff and KRW 2 billion from H.

C. On January 14, 2016, Defendant D, E, and Defendant F Co., Ltd. (hereinafter “Defendant F”) guaranteed the loan obligations owed by Defendant C to the Plaintiff and H under the instant loan agreement within the limit of KRW 3.25 billion. D.

The interest rate applicable to loans under the instant loan agreement was 10% per annum, but it was changed to 11% per annum after the lapse of 20 months from the date of loan implementation on September 15, 2017, and the present interest rate in arrears is 14%.

E. Defendant C delayed paying the principal and interest of loans, thereby losing the benefit of March 15, 2018, and the principal and interest of loans as of April 30, 2018 are as follows.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Plaintiff is obligated to pay the Plaintiff the damages for delay calculated at the rate of 14% per annum from April 30, 2018 to the date of full payment of the loan principal amounting to KRW 407,760,232 as the primary debtor and KRW 390,163,027 as the loan principal, and the damages for delay calculated at the rate of 14% per annum from April 30, 2018, ② Defendant D, E, and F as the joint and several surety, jointly and severally with Defendant C, within the limit of KRW 325

B. Determination as to the Defendants’ assertion 1 Defendant D, E, and F is the instant case.

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