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(영문) 서울남부지방법원 2019.04.25 2019가단200212
대여금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 146,259,802 and KRW 144,727,759 among them, Defendant A Co., Ltd.

Reasons

1. Facts of recognition;

A. On February 3, 2016, the Plaintiff loaned KRW 4.07% per annum to Defendant A Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”), 12% per annum of delay damages, and 150,000,000 per month in equal installments of the principal and interest for three years after a two-year grace period (hereinafter “instant loan”). At the time, the Defendant Company agreed to pay the interest in installments as of the date of termination of the loan agreement and compensation for delay on the expenses incurred by the Plaintiff to recover the claim (hereinafter “instant loan”).

On the other hand, Defendant B guaranteed the obligation of the instant loan amounting to KRW 180,000,000 with the ceiling amounting to KRW 180,000.

B. Since then, the Defendant Company lost the benefit of time on November 2, 2018 due to the failure to pay in time the principal and interest repaid in installments.

C. As of November 13, 2018, the amount of the instant loan as of November 13, 2018 remains KRW 14,727,759,759, which is the sum of KRW 141,440,00 in principal, interest KRW 2,683,32 in interest, overdue interest KRW 1,532 in interest, KRW 1,532 in interest, KRW 604,437 in provisional attachment, etc., and the amount for which compensation for delay is to be paid is 14,727,759, which deducts overdue interest.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendants jointly and severally liable to pay 146,259,802 won in total and 144,727,759 won in total from November 14, 2018 to December 11, 2018, which is the day following the base date for calculating the principal and interest of loans of this case, 12% per annum (15% per annum from November 14, 2018, which is the day following the base date for calculating the principal and interest of this case, and 15% per annum from the following day to the day of full payment; Defendant B, from November 14, 2018, which is the day following the base date for calculating the principal and interest of this case, to November 22, 2018, which is the day of delivery of a copy of the complaint of this case, and 12% per annum from the next day to the day of full payment, respectively, as the guarantee for delay.

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