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(영문) 의정부지방법원 2015.07.15 2015가단10202
대여금
Text

1. The Plaintiff:

A. Defendant A’s KRW 110,000,000 and interest rate of KRW 23% per annum from January 27, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 4, 2012, the Plaintiff entered into a credit transaction agreement with Defendant A with the content that the loans for general loans for credit subjects, the amount of loans (limit) to 200 million won, the date of maturity of the credit, the amount of 10% on July 4, 2013, the date of maturity of the credit, the interest rate of 11% on a year if the overdue interest period is less than three months, the interest rate of overdue interest is less than 11% on a year if the overdue interest period is less than three months, 12% on a year if the overdue interest rate is less than three months, and 13% on a year if the overdue interest period is more than six months, and the Defendant B set the ceiling of the credit guarantee amount to 260,000,000 won and jointly and severally guaranteed the said contract to Defendant

B. The debt amount of Defendant A’s loan to the Plaintiff is KRW 262,50,000,000 as principal on January 26, 2015, and KRW 62,506,029 in total as interest and overdue interest.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 7, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant A is obligated to pay the Plaintiff the principal of KRW 110,000,000 as claimed by the Plaintiff in accordance with the above credit transaction agreement, and the interest rate of KRW 23% per annum from January 27, 2015 to the date of full payment. Defendant B is obligated to pay the amount at the rate of KRW 260,000 per annum, which is the joint and several surety for the above credit transaction agreement, within the limit of KRW 260,00,000, and the principal of KRW 110,000,000, and the amount of KRW 23% per annum from January 27, 2015 to the date of full payment, as claimed by the Plaintiff.

3. If so, the plaintiff's claim against the defendants of this case against the defendants is accepted for all reasons, and it is so decided as per Disposition.

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