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(영문) 서울동부지방법원 2020.10.30 2020가단1494
대여금
Text

1. The Plaintiff:

A. Defendant B shall be jointly and severally and severally with G Co., Ltd., and the amount of KRW 200,000,000 shall be from February 1, 2003.

Reasons

1. Determination on the cause of the claim

A. In full view of the statements and arguments set forth in Gap evidence Nos. 1, 2, and 3, the plaintiff asserts that he loaned KRW 300 million to the defendant Eul and that the defendant C, D, E, and F jointly and severally guaranteed the defendant Eul's debt, and that the defendant Eul and G corporation sought payment of the loan from the defendant Eul. The defendant Eul jointly and severally agreed with the defendant Eul at the rate of 25% per annum from February 1, 2003 to the day of full payment, 200 million won, 20 million won per annum from the day after Jan. 1, 2005 to Oct. 5, 2009; 30% per annum from the day after the day of full payment to the day of full payment; 205% per annum from the day after the day of full payment; 300 million won per annum from the day after the judgment of 205.27% per annum to the day of full payment; 300,000 won per annum from the day after the day of full payment.

B. According to the above facts of recognition, the defendants are obligated to pay to the plaintiff the money for which payment was ordered in accordance with the above judgment according to the final judgment in the previous lawsuit in this case. The plaintiff filed the lawsuit in this case against the defendants for the interruption of extinctive prescription of the claim based on the final judgment in the previous lawsuit in this case

Therefore, Defendant B, jointly and severally with G Co., Ltd., is obligated to pay the Plaintiff 200,000,000 won with interest rate of 25% per annum from February 1, 2003 to the date of full payment. Defendant D and C are jointly and severally with Defendant B.

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