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(영문) 광주지방법원순천지원 2017.10.11 2017가합101
대여금
Text

1. The Plaintiff:

A. As to KRW 467,574,980 and KRW 460,00,000 among them, Defendant A Co., Ltd. shall start from March 8, 2017.

Reasons

1. Facts of recognition;

A. On July 26, 2016, the Plaintiff loaned KRW 516,00,000 in total as of October 26, 2016 (which shall be extended to January 26, 2017) the interest rate of 8.66% on Defendant A Co., Ltd., the overdue period of 14.6% on the delayed damage rate of 14.6% on the overdue period of 6 months, and the expiration date of the lending period of 2016 (which shall be extended to January 26, 2017). On the same day, Defendant B provided joint and several surety with the ceiling of comprehensive collateral guarantee amount of KRW 670,00,000 on the above loans owed by Defendant A to

B. However, Defendant A did not repay the above loan, and until March 7, 2017, the principal amount reaches KRW 460,000,000, interest and delay damages amounting to KRW 7,574,980.

【Grounds for Recognition】 Each entry of evidence Nos. 1, 2, and 3 and 2, and the purport of the whole pleadings

2. According to the above facts of determination, Defendant A Co., Ltd., a primary debtor, has the obligation to pay to the Plaintiff the amount of KRW 467,574,980 (=460,000,574,980) and damages for delay calculated at the rate of 14.6% per annum for the principal amount of KRW 460,00,000 from March 8, 2017 to the date of full payment; and (B) Defendant B, a joint and several surety, is jointly and severally and severally liable with Defendant A to pay the amount of KRW 670,00,000 within the limit of KRW 670,00,00.

3. In conclusion, the plaintiff's claim against the defendant A is accepted on the grounds of its reasoning. The plaintiff's claim against the defendant B is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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