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(영문) 서울남부지방법원 2018.08.31 2018가단212690
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from December 5, 2017, for KRW 115,53,95 and for KRW 107,493,432 among them.

Reasons

1. Facts of recognition;

A. On December 7, 2016, the Plaintiff loaned KRW 117,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant Company”) at an annual interest rate of 8.9% per annum, overdue interest rate of 25% per annum, and repayment method and period of 60 months by equal repayment method.

At this time, Defendant B set the maximum amount of the guaranteed debt amount of the Defendant Company’s loan to the Plaintiff as KRW 140,400,000 and jointly and severally guaranteed.

B. At the time of the above loan agreement, when the payment of principal and interest on installment payments or installment payments has been delayed on more than two consecutive occasions, etc., the Defendant Company agreed to lose the benefit of time. The Defendant Company lost its benefit of time on December 1, 2017 due to its failure to pay the principal and interest on installment payments.

C. As of December 4, 2017, the principal of the loan is KRW 107,493,432; interest and overdue interest are KRW 4,431,593; interest and overdue interest are KRW 3,608,930; and the sum is KRW 115,53,955.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of determination, Defendant A shall pay to the Plaintiff damages for delay calculated by the rate of 25% per annum, which is the overdue interest rate of 115,53,95 won above and the principal of 107,493,432 won among them, from December 5, 2017 to the date of full payment, and Defendant B shall be jointly and severally liable to pay to the Plaintiff within the limit of 140,400,000 won, which is the maximum amount of the guaranteed liability.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

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