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(영문) 전주지방법원 2018.06.21 2017가합2594
대여금
Text

1. The Defendants jointly committed against the Plaintiff KRW 672,612,508 out of KRW 1,361,698,863 and the said money. From April 19, 2017, the Defendants jointly committed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 14, 2012, the Plaintiff entered into a credit transaction agreement with Defendant A Limited Liability Company (hereinafter “Defendant Company”) on a set of KRW 1,280,00,000, interest rate of KRW 19% per annum, overdue interest rate of KRW 19% per annum, and December 14, 2014 on the expiration date of the loan. Defendant B entered into a joint and several guarantee agreement with the Plaintiff on December 17, 2012 with the said credit transaction agreement with the Plaintiff as KRW 1,64,00,000.

B. In the event that the Defendants were in arrears with interest on the principal of the loan, the Plaintiff exercised the right to collateral security established on the security owned by the Defendant Company to the Jeonju District Court C, and received dividends of KRW 639,085,288 as principal and interest, etc. on April 17, 2017.

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

2. The assertion and judgment

A. The Plaintiff’s assertion is a situation in which the Plaintiff received only the principal and interest of KRW 639,085,288 in the real estate auction procedure and did not receive the payment of KRW 672,612,508 at the present time.

Therefore, the Defendants are jointly obligated to jointly pay to the Plaintiff the interest and accrued interest accrued from January 21, 2014 to April 18, 2017 plus the interest and accrued interest accrued from January 21, 2014 to April 18, 2017 to KRW 1,361,69,698,863 (=â…), and delay interest accrued from the said amount to KRW 672,612,508 (â…), which corresponds to the principal amount (â………), to the Plaintiff.

B. According to the above facts of determination, the defendants are jointly obligated to pay to the plaintiff the sum of principal and interest of KRW 1,361,698,863 (III) and delay damages for KRW 672,612,508 (â…), which constitute principal, among the above amounts.

As to this, Defendant B resigned from the representative director of the Defendant Company on December 21, 2012, and D, newly appointed after his resignation, succeeded to the above collateral guarantee agreement, and thus, Defendant B’s joint and several liability was extinguished. However, since there is no evidence to acknowledge this, the above assertion is without merit.

Thus, the defendants jointly do so to the plaintiff.

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