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(영문) 부산지방법원동부지원 2019.11.21 2019가단4696
대여금등
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. is from April 2, 2019 to KRW 262,139,797 and KRW 138,821,741 among them.

Reasons

Facts of recognition

On November 16, 2012, the Plaintiff: (a) provided each loans to Defendant C Co., Ltd.; (b) KRW 140 million on July 9, 2013; and (c) Defendant D provided each joint and several surety with respect to the above (f) loans to the extent of KRW 480,000,000 for the above (f) loans to the extent of KRW 168,00,000.

As of April 1, 2019, the above sub-loan obligation remains in interest 20,756,076, and the above-mentioned sub-loan obligation remains in interest 26,338,114 as of April 1, 2019 (including 130,213,191 won).

On January 1, 2013, the Plaintiff issued a business credit card to Defendant C Co., Ltd., and Defendant D jointly guaranteed the credit card payment obligation within the limit of KRW 24 million. As of April 1, 2019, the total of KRW 15,045,607 (unpaid principal amount of KRW 8,608,550) remains.

The overdue interest rate on the debt caused by the occurrence of the above wale, the , was set at 15% per annum.

[Ground] According to the facts without dispute, Gap's evidence Nos. 1 through 11 (including the provisional number), and the purport of the whole pleadings, the above facts were revealed, the defendant C Co., Ltd., a primary debtor, is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum, which is the agreement, from April 2, 2019 to the date of full payment (20,756,076 won per annum 226,338,114 won per annum 15,045,607 won per annum) and the principal amount of 138,821,741 won per annum (=the remaining principal amount of 130,213,191 won per annum).

In addition, Defendant D, a joint and several surety, has the obligation to pay damages for delay calculated at the rate of 15% per annum, which is the agreed rate of 15% per annum from April 2, 2019 to the date of full payment, within the scope of KRW 20,756,076 per annum (=the maximum amount of KRW 168 million per annum), KRW 24 million, KRW 15,045,607, and KRW 8,608,550 per annum.

The defendants are defenses as follows, but it is difficult to accept all of them.

First, the Defendants were dismissed on December 3, 2018, and no longer exist.

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