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(영문) 서울중앙지방법원 2015.11.26 2015가단77425
대여금 등
Text

1. The Plaintiff:

A. As to KRW 56,592,880 and KRW 29,370,231 among them, Defendant A Co., Ltd. shall start from January 7, 2015.

Reasons

1. On February 23, 2009, the Plaintiff entered into a credit transaction agreement with the Defendant Company A and the Defendant Company (hereinafter referred to as the “Defendant Company”) on February 22, 201, with a maturity of 150,000, and with a maturity of 22 February 22, 2010, without distinguishing the original lending bank from one bank prior to the merger, and carried out the loan accordingly.

Defendant B and E set the Defendant Company’s loan obligation amounting to KRW 195,00,000 for each collateral guarantee obligation.

On January 6, 2015, the amount of the loan obligation as of January 6, 2015 is KRW 56,592,880 in total, and the rate of delay interest is KRW 29,370,231 in principal and KRW 27,22,649 in interest and delay damages.

E died on August 31, 2009, and F voluntarily renounced inheritance, and Defendant C and Defendant D gave approval for inheritance limited time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, including branch numbers, the purport of the whole pleadings

2. Accordingly, the Defendants are obliged to pay the following money to the Plaintiff.

The Plaintiff claimed damages for delay at 15% per annum.

① Defendant Company is obligated to pay 56,592,880 won and 29,370,231 won with 15% interest per annum from January 7, 2015 to the date of full payment.

② Defendant B is jointly and severally liable with the Defendant Company to pay the money set forth in the above paragraph (1) to the extent of KRW 195,000,000.

③ Within the limit of property inherited from E, Defendant C is jointly and severally liable to pay, within the limit of 17,95,728 won (56,592,880 won x 3/5) out of the money listed in the above paragraph (1) as well as 17,622,138 won (29,370,231 won x 3/5) at the rate of 15% per annum from January 7, 2015 to the day of full payment. Defendant C is jointly and severally liable to pay, within the limit of 117,00,000 won (195,00,000 won x 3/5).

④ Within the limit of property inherited from E, Defendant D shall be 15% per annum for KRW 22,637,152 (2/50 x 2/5) out of the money stated in the above paragraph (1) and for KRW 11,748,092 (29,370,231 x 2/5 x 2/5) from January 7, 2015 to the day of complete payment.

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