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(영문) 광주지방법원목포지원 2015.09.08 2015가단5574
대여금
Text

1. The Defendants jointly and severally do not exceed KRW 39,493,870, and KRW 30,000,000 among them.

Reasons

1. On April 19, 2004, the Plaintiff lent KRW 30,000,00 to C on April 19, 2004 as due date of maturity change rate. The Defendants concluded a collateral guarantee contract between the Plaintiff and C within the limit of KRW 42,00,00 with respect to all obligations currently and in the future owed by C to the Plaintiff. Although the date and time of collateral guarantee cannot be accurately identified in the record, the Defendants concluded a collateral guarantee contract for the extension of the period after around 2010 after the Defendants’ collateral guarantee was extended to C at the time of lending.

Until March 25, 2015, the fact that the sum of interest or delay damages incurred on the above loan amounting to KRW 9,493,870 and interest rate of KRW 12.4% is no dispute between the Plaintiff and the Defendant, and the Plaintiff and the Defendant A may be recognized by taking account of the overall purport of each of the items and arguments and evidence Nos. 1, 2, and 3-2.

Therefore, the Defendants, as joint and several surety C, are obligated to pay to the Plaintiff 39,493,870 won (=30,000,000 won) and damages for delay calculated at the rate of 12.4% per annum from March 26, 2015 to the date of full payment (12.4% per annum from March 26, 2015 to the date of full payment) within the scope not exceeding 42,00,000 won jointly and severally with C.

2. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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