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(영문) 서울중앙지방법원 2017.11.08 2017가단14824
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,185,03,354 as well as KRW 1,050,000 among them, starting from December 8, 2016.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 through 3 as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the money stated in the Disposition No. 1.

2. Judgment on the defendant's assertion

A. Defendant B’s assertion that the instant guarantee contract was terminated on May 21, 2015, on the ground that: (a) there was a serious defect that does not specify in writing the kind of primary obligation; (b) the Plaintiff violated the obligation to explain the risk, such as the maximum amount of damage and the period of obligation to guarantee; and (c) Defendant B requested the replacement of a joint and several surety on the ground that the Plaintiff’s shareholder and representative status of Defendant A Co., Ltd. (hereinafter “Defendant Company”) was lost; and (b) the instant guarantee contract was terminated by the Plaintiff’s consultation with a new representative. Therefore, the Plaintiff’s claim is unjust.

B. On May 21, 2015, the Plaintiff entered into a credit transaction agreement with Defendant B, the representative director of the Defendant Company, on May 21, 2015, setting the credit amount of KRW 100,000,000,000 per annum, interest rate of KRW 105,000,000 per annum, interest rate of KRW 10,000,000 per annum, and delay compensation rate of KRW 22% per annum. Meanwhile, on May 21, 2015, the Plaintiff entered into a collateral guarantee agreement with Defendant B on May 21, 2015 (hereinafter “instant guarantee agreement”). The instant guarantee agreement (Evidence 3), “1.365,00,000,000,000,000,000,000,0000,000,0000,000,000).

3 Defendant B since March 2008.

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