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(영문) 수원지방법원 안산지원 2017.01.11 2016가단18494
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 156,802,416 and each year from August 25, 2016 to January 11, 2017.

Reasons

1. Under the facts based on the facts, each of the following facts is without dispute between the plaintiff and the defendant Eul, or acknowledged based on Gap evidence 1, Gap evidence 2, and Eul evidence 1, and there is no counter-proof. The plaintiff and the defendant C are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.

On August 18, 201, the Plaintiff: (a) lent 150,000,000 won to the Ort Media Co., Ltd. (hereinafter “Nonindicted Company”) at an annual interest rate of 30%; (b) annual interest rate of 45%; and (c) due date of repayment on August 18, 2013; and (d) agreed that the Nonparty Company would lose the benefit of time if it delays payment of interest two or more occasions.

B. At the time, the Defendants jointly guaranteed the above loan obligations against the Plaintiff of the non-party company within the maximum of KRW 195 million with the maximum amount of the guaranteed obligation.

C. The non-party company repaid the agreed interest by November 18, 201. However, the non-party company failed to repay the principal of the agreement and the loan thereafter, and the Plaintiff performed compulsory execution based on the notarial deed prepared at the time of the above lending, and collected each amount indicated in the “payment” column in the attached table for payment of debt as of the date indicated in the attached table for payment of debt.

However, among the above repayment amounts, the attached Nos. 1 and 3 were collected from the assets of the non-party company, and each amount of Nos. 2, 4 and 5 was collected from the assets of the defendant B, or was collected from the money deposited by the defendant B.

2. The plaintiff's cause of claim is the cause of the claim in this case. Each of the above repayment amounts collected as above was appropriated for the repayment of the agreed interest at 45% per annum accrued up to that time, and as a result, the remaining obligation of KRW 150,000,000 of the principal of the debt as of October 7, 2014, which is the last collection date, and KRW 56,134,155 of the agreed interest. Thus, the defendants are jointly and severally liable for the debt principal and interest as joint and several guarantors of the above debt.

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