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(영문) 대전지방법원 2020.05.20 2019가합109524
대여금
Text

1. The Plaintiff:

A. Defendant B, C, and D are jointly and severally and severally liable for KRW 150,000,000 and the aforementioned amount from December 15, 2015.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B, C, Limited Liability Company E, and F

A. On December 19, 2013, the Plaintiff borrowed KRW 200,000,000 to Defendant B on March 18, 2014, the maturity date of payment of KRW 1.5% per interest month, and interest rate of KRW 3.25% per month. The Defendant C Co., Ltd (hereinafter “C”) guaranteed the said loan obligations.

In addition, on April 23, 2015, the Plaintiff did not set the due date for payment of KRW 100,000,000 to Defendant B (However, if the interest is in arrears once or more times, the Plaintiff would immediately pay the principal and interest in response to the Plaintiff’s request), 1.5% per month interest, and 34.9% per annum for overdue interest, and Defendant E Limited Company E (former Limited Company G; hereinafter “E”), and F jointly and severally guaranteed the above loan obligations.

However, on December 14, 2015, Defendant B paid KRW 50,000,000 (including interest) out of the leased principal of KRW 200,000,000, and did not pay the remainder of the leased principal.

Therefore, Defendant B and C are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, within the overdue interest rate agreed upon by the Plaintiff from December 15, 2015 to the full payment of the leased principal of KRW 150,000,000 and the damages for delay calculated at the rate of 24% per annum, which is the highest interest rate stipulated in the Loan Limitation Act, within the scope of the agreed interest rate agreed upon by the Plaintiff, within the scope of the agreed interest rate agreed upon by the Plaintiff.

(b) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act) (Article 208 (3) 2 of the Civil Procedure Act), Defendant C, E, and F: Judgment of deemed confession (Articles 208 (2) 2 and 150 (3) of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claim against Defendant D

A. Determination as to the cause of the claim 1) A’s evidence 1-1 (the tea certificate, Defendant D’s signature and seal as a joint and several surety) is presumed to have been established as a whole in the document, since there is no dispute as to the fact that Defendant D signed and sealed as a joint and several surety, and the authenticity of the document is presumed to

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