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(영문) 춘천지방법원강릉지원 2015.06.09 2014가합1617
대여금
Text

1. Defendant B and D are jointly and severally liable to the Plaintiff for 205,060,000 won and the amount among them

(a) As regards KRW 200,000,000, 2014

Reasons

1. Determination as to the claim against Defendant B and D, ① the Plaintiff, on February 20, 2014, entered the Plaintiff’s freezing 2,000 boxes into the Plaintiff’s freezing warehouse, the Plaintiff as security, set the amount of KRW 100 million as interest per annum on the Defendant B, and agreed on March 7, 2014, and (b) Defendant B, on March 7, 2014, entered the Plaintiff’s freezing 1,400 tons into the Plaintiff’s freezing warehouse, determined the amount as interest per annum and lent KRW 100 million as security. ② Defendant D was jointly and severally guaranteed the obligation as to each of the above obligations on the date of the above agreement, ③ The Plaintiff leased each of the above obligations to Defendant B as at the date of each of the above agreement, and each of the above obligations was leased to Defendant B as at the end of each of the above agreements.

Therefore, Defendant B and Defendant D, a joint principal debtor, jointly and severally and severally, have the obligation to pay to the Plaintiff the above loans amounting to KRW 20 million, 5.6 billion in total, and the loans amounting to KRW 2.5 billion in total, and KRW 200 million in total, interest rate of KRW 12% per annum from October 1, 2014 to December 2, 2014, the date following the date when the original copy of the instant payment order was served on the Plaintiff; interest rate of KRW 20 million per annum from the following day to the date when the original copy of the instant payment order was served; interest rate of KRW 5.6 million per annum from the date when the original copy of the instant payment order was served to the date of full payment; and damages for delay from December 3, 2014 to the date when the original copy of the instant payment order was repaid.

2. Determination as to the claim against Defendant C

A. The plaintiff 1's assertion that the defendant C is also responsible for the denial of legal personality is the defendant B, who is a legal entity.

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