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(영문) 서울중앙지방법원 2020.04.22 2018가단37633
대여금등 청구의 소
Text

1. The Defendant (Appointed Party) and the appointed parties are jointly and severally liable to the Plaintiff.

(a)21,441,874 Won and 19,000,000 among them;

Reasons

Basic Facts

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the purpose of automobile wholesale, retail, etc., and the actual operator is D.

The Defendant (Appointed Party and the name prior to the name was “E,” but the name was changed on August 19, 2016; hereinafter “Defendant B”) allowed D to use the name as the representative of the Defendant Company, and accordingly, Defendant B was registered as an internal director on March 9, 2016 in the corporate register of the Defendant Company.

The Plaintiff (F at that time was the Defendant Company) granted a loan of KRW 19,00,00 on February 1, 2017 to the Defendant Company at the maturity of KRW 19,00 on May 1, 2017; the interest rate of KRW 8.9% per annum; the interest rate of KRW 19.9% per annum; and the rate of delay interest rate of KRW 19.9% per annum (hereinafter “19,000 loan”); ② February 16, 2017; and ② the amount of KRW 150,000,000 on February 15, 2020; the rate of KRW 12% per annum; and the delayed interest rate of KRW 22% per annum (hereinafter “150,00,000 loan”); and the Defendant B drafted an application for the loan and the agreement on credit guarantee for each of the joint and several debt obligations; and the agreement on credit guarantee, respectively.

(However, with respect to the loan of KRW 150,00,000, Defendant B’s guarantee limit is limited to KRW 195,00,000,000; hereinafter the same shall apply). The loan applicant’s name and seal impression are affixed to the above documents prepared in relation to the loan of this case. The name and seal impression of Defendant B are affixed to the loan applicant column, and the joint and several sureties’s name and seal imprint are affixed to the joint and several sureties’s signature and seal imprint, and the certificate of seal impression, resident registration and abstract issued by Defendant B directly on January 31, 2017 are attached respectively.

The Defendant Company lost the benefit of time by delaying the repayment of the principal and interest of the instant loan, and on June 19, 2018, at the same time, 201,681,208 won (i.e., the principal and interest of KRW 19,00,000 as listed below (i.e., the principal and interest of KRW 21,441,874, 150,000 as the principal and interest of KRW 180,239,334 as the principal and interest of KRW 19,000 as the principal and interest of KRW 19,00,000.)

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