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(영문) 서울남부지방법원 2018.05.29 2018가단202211
대여금
Text

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

(a) From August 30, 2017, for KRW 162,577,873 and KRW 93,780,00 among them.

Reasons

1. Basic facts

A. On March 6, 2008, Defendant A entered into a loan transaction agreement with the Plaintiff at a rate of KRW 149 million, the loan period on March 6, 2018; the interest rate of KRW 3.2% per annum; and the interest rate of delayed interest rate of KRW 19% per annum (hereinafter “first loan”); Defendant B entered into a limited contract with the limit of KRW 178 million for the first loan obligation on the same day.

B. On March 6, 2008, Defendant A entered into a loan transaction agreement with the Plaintiff on the loan amounting to KRW 212 million, the loan period on September 6, 2012, the interest rate MP31.0% per annum, and the delayed interest rate of KRW 19% per annum (hereinafter “second loan”), and Defendant B entered into a limited contract for the second loan obligation on the same day with the limit of KRW 254 million per annum.

C. Before December 13, 2012, the Defendants lost the benefit of time due to the delinquency in paying the principal and interest of the first and second loans, and as of August 28, 2017, the obligation of the first loans as of August 28, 2017 remains 162,57,873 won (i.e., principal amount of KRW 93,780,797,873) (i.e., principal amount of KRW 68,797,873) and the obligation of the second loans amounting to KRW 346,802,580 (i.e., principal amount of KRW 200,000 delay damages amounting to KRW 146,802,580).

The defendant A filed an application for bankruptcy or immunity with Seoul Rehabilitation Court 2014Hadan10299, 2014 100299, and the decision was revoked on December 27, 2016.

Defendant B filed a petition for bankruptcy and exemption with Seoul Rehabilitation Court Decision 2014Hadan100300, 2014 100300, May 19, 2015, and the decision became final and conclusive on May 19, 2015, but did not enter the obligation of joint and several debt loans 1 and 2 in the creditor list.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts finding as to the cause of the claim, Defendant A is the principal debtor, Defendant B as a joint and several surety, and Defendant B as a joint and several surety, jointly and severally to the Plaintiff, and principal amounting to KRW 93,780,00.

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