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(영문) 서울중앙지방법원 2015.07.17 2015가단5026415
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 13,50,000,000 and the interest rate from June 30, 2010 to the day of full payment.

Reasons

1. Basic facts

A. On May 27, 2009, the Plaintiff leased KRW 2,471,578,592 to Defendant A Co., Ltd. (hereinafter “A”) at an annual interest rate of 6.5% per annum, 25% per annum, and April 18, 2010, respectively. Defendant B jointly and severally guaranteed the loan obligation amounting to KRW 3.25 million.

At present, the principal of the above loan remains 2,194,872,141 won.

B. On December 31, 2009, the Plaintiff: (a) lent KRW 17,590,000,000 to Defendant A at an interest rate of 10.5% per annum; (b) 25% per annum; and (c) April 18, 2010 on the date of repayment; (b) Defendant B provided joint and several surety with the guarantee limit of the said loan obligation amount of KRW 22.9 billion.

At present, the principal of the above loan remains in 15,090,000 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendants jointly and severally pay to the Plaintiff the agreed damages for delay calculated at the rate of 25% per annum from June 30, 2010 to the date of full payment of the principal amount claimed by the Plaintiff out of the above principal amount of each of the above loans, and Defendant B is obligated to pay the said money within the limit of 26.15 million won per annum, which is the aggregate of the extended guarantee limit.

B. The Defendants asserted that the Plaintiff received dividends and received partial payments in the public auction procedure for Defendant A’s real estate. However, there is no evidence to acknowledge this. Thus, the Defendants’ assertion cannot be accepted.

3. Conclusion, the plaintiff's claim of this case against the defendants is justified.

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