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(영문) 대구지방법원 2020.04.17 2019가단148331
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 103,533,341 and KRW 85,290,762 from March 17, 2019 to March 20, 202.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the defendant A Co., Ltd. (hereinafter "the defendant company") borrowed KRW 100 million from the plaintiff on September 30, 2013 at the rate of 2.8% per annum, the expiry date of the loan, 12% per annum, and the late payment penalty rate of 12% per annum. At the time of the representative director of the defendant company, the defendant B provided joint and several guarantee within the limit of KRW 120,00,00 with respect to the above loan obligation against the plaintiff of the defendant company. The defendant company lost the benefit of time due to delay in the principal and interest, and as of September 16, 2019, the debt of the defendant company was modified by the principal amount of KRW 103,53,341 won per annum, interest rate of KRW 82,803,90, KRW 290, KRW 198.24).

According to the above facts, the defendant company is obligated to pay damages for delay calculated at the rate of 6% per annum of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 17, 2019 to March 3, 2020, which is the last day of service of the original copy of the payment order in this case, to the plaintiff (the principal amount of KRW 82,389,803 won and interest of KRW 2,900,959), excluding the principal amount of KRW 103,533,341 and the overdue interest of KRW 85,290,762 (the principal amount of KRW 82,389,80). The defendant company is jointly and severally liable with the defendant company to pay damages for delay calculated at the rate of 120,000 won per annum of guarantee limit.

2. On October 19, 2017, when Defendant B, a former representative director and shareholder, transferred 4,000 shares of the Defendant Company to Nonparty C on or before October 19, 2017, the Defendant Company agreed to assume the Defendant Company’s bonds and obligations incurred prior to October 19, 2017 as Defendant B’s responsibility. Defendant B confirmed that the loans borrowed from the Plaintiff in the name of the Defendant Company prior to October 19, 2018 were the personal liabilities of Defendant B, and the responsibility for reimbursement is to Defendant B.

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