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(영문) 서울중앙지방법원 2016.12.15 2015가단5372057
대여금 등
Text

1. Defendant Limited Partnership Company A and B are jointly and severally liable to the Plaintiff for KRW 49,920,000 and the Defendant B from April 17, 2015.

Reasons

1. Basic facts

A. On April 17, 2014, the Plaintiff entered into a credit transaction agreement with Defendant Limited Partnership Company A (hereinafter “Defendant Company”) at the rate of KRW 100 million, credit interest rate of KRW 3.644%, and delay interest rate of KRW 11% per annum, plus delay interest rate (7% per annum if delay period is less than three months, and 8% per annum if delay period is less than three months) within the maximum of 11% per annum, and loaned KRW 100 million to the Defendant Company.

B. At the time of the above credit transaction agreement, Defendant B as the representative member of the Defendant Company at the time of the above credit transaction agreement, jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff within the limit of KRW 120 million.

C. The Defendant Company paid only interest on the loan principal amounting to KRW 50,080,00 among the loan principal to the Plaintiff until April 16, 2015, and at least KRW 1.54% of the loan principal from April 2015 to December 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 12-1 through 9, purport of whole pleadings]

2. As to the claim against the defendant limited partnership company A and B

A. According to the above facts of determination as to the cause of the claim, Defendant Company and B shall jointly and severally pay to the Plaintiff the amount of KRW 49,920,000 of the remainder of the loan principal and the amount of KRW 120,000,000, which is the service date of the copy of the complaint in this case from April 17, 2015, which is the day following the date of the final payment of interest, to December 18, 2015, Defendant B shall be paid the amount calculated at the rate of 11% per annum under each agreement until January 9, 2016, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Defendant B shall be liable to pay

B. (1) Defendant B’s assertion regarding Defendant B’s assertion was inevitably entered into a joint and several guarantee contract with the Plaintiff as a representative member of the Defendant Company, and resigned from the representative member of the Defendant Company on November 27, 2014.

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