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(영문) 서울중앙지방법원 2016.05.13 2015가단213207
대여금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from 120,598,146 won and 62,909,221 won among them.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) Defendant A Co., Ltd. jointly and severally guaranteed each of the obligations described in paragraph (1) as follows: (a) Defendant A Co., Ltd. jointly and severally guaranteed each of the above obligations described in paragraph (1) to the Plaintiff within the limit of KRW 100 million on December 26, 2002; (b) KRW 30 million on March 30, 2010; (c) KRW 80,000 on December 27, 2010; and (b) KRW 58,500,000 on the obligations; (c) to the obligations, KRW 20,800,00 on the obligations; and (d) to the obligations, the Defendant A Co., Ltd has jointly and severally guaranteed each of the above obligations within the limit of KRW 130,00,000 on the obligation; and (d) on December 9, 2015, the obligation described in the table as follows.

(1) According to the facts as follows: (a) The aggregate of interest accrued prior to incorporation of the outstanding principal and interest accrued in the loan section ① 13,264,411,558,8629,879,56329,563 24,702,8362 33,919,577,5776,572,5842,585,105,13265,97,293 1,269,096, 2749, 939,3032,390,6734, 1456, 1372, 351,687, 69, 5207, 507, 6429, 2121, 105, 165, 297, 2015, 16365, 297, 2016.

B. According to the facts of the above recognition, Defendant A Co., Ltd. pays to the Plaintiff the total amount of KRW 120,598,146 of the principal of each of the above loans and the total amount of KRW 62,909,221 of the principal, delay damages calculated by the rate of 15% per annum under the terms and conditions from December 10, 2015 to the date of full payment, and Defendant B shall jointly and severally with the Defendant A Co., Ltd., and (i) the above amount of KRW 24,702,836 of the principal and interest of loans, and (ii) the amount of delay damages calculated by the rate of 15% per annum from December 10, 2015 to the date of full payment; and (iii) the amount of KRW 58,50,000 of the principal and interest of loans and delay damages calculated by the rate of 15% per annum from February 5, 2016 to the date of full payment.

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