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(영문) 서울중앙지방법원 2015.09.01 2015가단101410
대여금
Text

1. The Plaintiff:

A. As to KRW 44,844,038 and KRW 27,213,650 among them, Defendant A Co., Ltd., from April 10, 2015.

Reasons

1. The agreed amount on the date of the agreement for the subject of recognition of the fact that the contract is reached, 1 general loan to guarantee the collateral of the collateral guarantor (won) on June 16, 2009, 54,000,000 general loan 2 general loan on July 13, 201, 200 B 52,650,000;

A. The Plaintiff entered into each of the following credit transaction agreements with Defendant A, and Defendant B entered into a credit transaction agreement as of July 13, 201 with respect to the credit transaction agreement as of July 13, 201, setting the limit on the guarantee amount as follows, and jointly and severally guaranteed.

B. Defendant A forfeited the benefit of time due to Defendant A’s failure to pay only a part of the principal and interest of the debt under each of the above credit transaction agreements and to pay the principal and interest from the day following the date of final payment in the

Loans not repaid by April 9, 2015 are listed in the following table:

Serial 101,419,474 1,419,474 per annum 15% per annum 27,213,650,650,210,43,424,564 per annum 15% per annum 27,213,650,914, 43,424,564 on May 31, 2012, the date of the final repayment of the unpaid principal due interest rate of 101,419,474,038 won per annum 27,213,650,650,630,638 won per annum 28, June 28, 2012 (based on recognition), the fact that there is no dispute over the respective entries in Gap evidence 1 through 7, the purport of the entire pleadings, and the purport of the entire pleadings.

2. Determination

A. According to the above facts, Defendant A is obligated to pay to the Plaintiff the amount calculated by the annual interest rate of 15% per annum from April 10, 2015 to the date of full payment with respect to KRW 44,844,038 and the outstanding principal amount of KRW 27,213,650, which is the agreed interest rate of KRW 15% per annum from April 10, 2015 to the date of full payment, and Defendant B is jointly and severally liable with Defendant A to pay the amount of KRW 43,424,564 and the principal amount of KRW 27,213,650, which is the agreed interest rate of KRW 15% per annum from April 10, 2015 to the date of full payment.

B. As to this, the Defendants asserted that the instant loan obligations were fully repaid by receiving dividends of KRW 70,200,000 in the Suwon District Court C real estate compulsory auction case, and thus, it was true that the Plaintiff received dividends of KRW 70,200,00 in the above auction case, but it was true that the Plaintiff received dividends of KRW 6,00 in the above auction case.

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