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(영문) 서울중앙지방법원 2016.05.26 2015가단181829
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from June 18, 2015 for KRW 262,503,082 and KRW 140,016,956 among them.

Reasons

1. Facts of recognition;

A. The details of loans and remaining principal and interest loaned under a credit transaction agreement concluded with the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) are as listed below:

Interest (not later than June 17, 2015) on an attempted balance of loans, such as the kinds of loans, accrued from the date of loan (not later than June 21, 2015) and KRW 140,016,016,956, totaling KRW 122,50,50,000, KRW 122,472,286, and KRW 13,840,00,00,00,00 for general loan of funds of an enterprise on December 21, 2010, KRW 140,016,016, KRW 122,486,50, and KRW 262,50,03,082 ( KRW 140,016,956, KRW 122,486,126, won)

B. On June 16, 2010, as the representative director of the Defendant Company, the Defendant Company provided a limited collateral guarantee to the extent of KRW 190 million with respect to loans, interest, damages for delay, and other incidental obligations that the Defendant Company would charge to the Plaintiff in the future in accordance with the said credit transaction agreement.

C. The Defendant Company is currently losing the benefit of time in accordance with the present credit transaction agreement.

E Deceased on July 25, 2014, and Defendant C and D shall be the heir of E with the sentence of E.

E. On February 29, 2016, Defendant C and D were tried to accept a report on qualified acceptance in the inheritance of the E’s property under the head of Suwon District Court Branch Branch 2016 Madan193.

[Ground of recognition] With respect to the defendant company, Gap evidence Nos. 1-1 to 4, Gap evidence Nos. 2, 3, 4, Gap evidence Nos. 5 and 6, and the purport of the whole pleadings as to the defendant company

2. According to the above facts of recognition, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 262,50,082 and KRW 140,016,956 from June 18, 2015, which is the day following the base date for calculating the accrued interest, to February 3, 2016, the agreed interest rate of KRW 17% per annum, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Defendant C and D are jointly and severally liable to pay the said amount within the limit of KRW 95,00,00,000,000,000,000 per annum, which is the day following the base date for calculating the accrued interest.

3. Conclusion.

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