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(영문) 울산지방법원 2020.01.09 2019가합926
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and 25% per annum from October 18, 2017 to April 17, 2018.

Reasons

1. Indication of claim;

A. Defendant (tentative name) District Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) is a non-corporate group established to promote a housing construction project (hereinafter “instant project”) in the E team in Yangsan-si, Yangsan-si. Defendant B (hereinafter “Defendant Company”) is a sales agent who entered into a sales agency contract with Defendant Promotion Committee for the instant project, and Defendant D is the representative of Defendant Promotion Committee.

B. On October 17, 2017, the Plaintiff: (a) lent KRW 200 million to the Defendant Promotion Committee and the Company; (b) as of April 17, 2018; and (c) jointly and severally guaranteed the said debt on the same day.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 200 million and the amount of delay damages at each rate of 12% per annum that the Plaintiff seeks from October 18, 2017 to April 17, 2018, which is the date following the date of loan sought by the Plaintiff, within the scope of the agreed interest rate prescribed by the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), and the amount of delay damages at each rate of 12% per annum that the Plaintiff seeks from the next day to the date of full payment.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

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