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(영문) 서울남부지방법원 2018.10.26 2017가단252431
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 15,520,142 as well as KRW 12,949,763 as from September 18, 2018.

Reasons

1. Facts of recognition;

A. On November 6, 2016, the Plaintiff entered into an agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a loan (debate) based on the terms and conditions of the Plaintiff’s loan, and the Plaintiff set KRW 60,000,000 to the Defendant Co., Ltd. at the interest rate of 10.9% per annum and 25% per annum.

B. At the time of the above lending, the Defendant Company agreed to repay the principal and interest equally by setting the repayment period as 36 months, and the Defendant B guaranteed the Defendant Company’s obligation to pay the principal and interest of the loan to the Plaintiff within the limit of 60,000,000 won.

C. From July 15, 2017, Defendant Company lost its interest due to delayed repayment of the principal and interest, and on September 17, 2018, the balance of the principal and interest based on September 17, 2018, 15,520,142, which was paid by Defendant Company or deducted the Plaintiff from the amount paid by the Plaintiff in the course of voluntary auction of construction machinery, and the principal to be paid with interest in arrears is KRW 12,949,763.

【In the absence of any dispute, entry in Gap’s evidence Nos. 1 through 9, the purport of the whole pleadings】

2. According to the fact of fact-finding, the Defendants are jointly and severally obligated to pay to the Plaintiff the balance of the principal and interest of KRW 15,520,142 as well as 12,949,763 as principal, within the scope of the agreed overdue interest rate from September 18, 2018 to the date of full payment, delay damages calculated at the rate of 13.9% per annum as requested by the Plaintiff.

However, Defendant B is obligated to pay the above amount within the limit of KRW 60,000,000, the maximum amount of the guaranteed liability.

3. Conclusion of the Plaintiff’s claim against the Defendants is justified.

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