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(영문) 인천지방법원 2021.01.20 2020가단252528
대여금 등
Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 1,669,727,835 as well as the interest rate from December 23, 2020 to the date of full payment.

Reasons

According to the facts not disputed between the parties, and the overall purport of Gap evidence Nos. 1 through 8 (including various numbers if there are several numbers), the plaintiff extended a loan of KRW 4,00,000 to defendant B on March 13, 2017 at the interest rate determined by the plaintiff within the limit of 12 months from the date the repayment period was implemented, interest rate of KRW 7% per annum, and interest rate of KRW 25% per annum, the defendant C and D Co., Ltd. joint and several liability for the above loan to the plaintiff; the repayment period of the above loan was extended on September 13, 2018; however, the defendant B lost the benefit of time on September 13, 2018; the public auction procedure was conducted on the land owned by the defendant B on November 11, 202; the plaintiff received KRW 30,304,360,360,360,364,205,360,367,206, 2067.

Therefore, the Defendants are jointly and severally obligated to jointly and severally pay to the Plaintiff dividends of KRW 3,354,023,224 in the above public auction procedure KRW 66,384,763, interest of KRW 957,366,296,2927,835 (= KRW 4,000,000 - KRW 2,330,272,165) and the remaining principal amount after being appropriated in sequence to KRW 1,669,727,835 (i.e., KRW 4,00,000; KRW 2,330,272,165) and the purport of the instant claim sought by the Plaintiff; and the purport of the instant claim sought by the Plaintiff; and the obligation to pay delayed damages calculated at the rate of 12% per annum from December 23, 2020 to the date of full payment.

Therefore, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition with the assent of all.

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