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(영문) 서울중앙지방법원 2020.12.17 2020가합568878
대여금 등
Text

1. The defendant shall be jointly and severally with C to the plaintiff (appointed party), KRW 400,00,000, KRW 2500,000, and the appointed party D.

Reasons

Facts of recognition

The defendant is a company established for the purpose of business management and investment consulting business.

On August 2, 2016, the Defendant borrowed KRW 400,000,00 from the Plaintiff (Appointed Party); KRW 2,500,000,000 from the Appointed Party D; KRW 750,000,000 from the Appointed Party E; KRW 350,000,000 from the Appointed Party E; and KRW 350,000,00 from the Appointed Party F on September 2, 2016 (hereinafter “the instant loan”); and C jointly and severally guaranteed the Defendant’s obligation for the instant loan.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and facts acknowledged prior to the determination of the purport of the entire pleadings, the defendant is jointly and severally liable to pay the loan and damages for delay to the plaintiff (appointed party), the appointed party D, E, and F, unless there are special circumstances.

The defendant asserted that the loan of this case was repaid through the disposition of 250,000 common shares of G Co., Ltd., which was offered as security at the time of the loan of this case, but there is no evidence to acknowledge this. Thus, the above argument is without merit.

Therefore, the Defendant is jointly and severally liable with C to pay the Plaintiff (Appointed Party) KRW 400,00,000, KRW 2500,000, KRW 7500,000 to the Selection Party E, and KRW 350,000,00 to the Selection Party F each of them, within the scope of the agreed interest rate of KRW 350,000,000 from September 3, 2016 to the day of full payment, the interest rate of KRW 25% per annum under the Interest Limitation Act, the highest interest rate of Article 2(1) of the Interest Limitation Act, Article 2(1) of the Interest Limitation Act, and delay damages calculated at the rate of the agreed interest rate of the maximum interest rate of Article 2(1) of the Interest Limitation Act.

Therefore, it is decided as per Disposition by the plaintiff (appointed party) to accept all of the claims for the plaintiff's (appointed party) on the grounds of its reasoning.

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