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(영문) 서울중앙지방법원 2014.12.23 2014가단5220821
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) Provided, That Defendant B and C shall not exceed 23,010,000 won, respectively, 39,003,546 won; and

Reasons

1. The Plaintiff, under the joint and several guarantee of Defendant B and C, loaned a loan to the Defendant Company with the following descriptions:

18,000,000 won (the extension from May 2, 2008 to April 30, 2010 as of May 2, 2008; each guarantee limit of 23,010,000 won) dated May 15, 2007 (the extension from May 2, 2008 to April 30, 2010; each guarantee limit of 119,60,000 won as of May 2, 2008; and each guarantee limit of 119,60,000 won as of May 2, 2008; and

2. The principal of the outstanding loan shall be KRW 16,950,00 for the principal, and KRW 22,053,546 for the interest accrued until June 25, 2014 for the said loan, plus KRW 39,003,546 for the said loan. The principal of the outstanding loan shall be KRW 58,942,50 for the interest accrued until June 25, 2014 for the said loan, and KRW 120,104,062 for the said interest accrued until June 25, 2014.

3. As long as the repayment date of each of the above loans was extended on April 30, 2010 upon the request of the Defendants, and it is evident that the instant lawsuit was filed on August 1, 2014, the five-year prescription period thereafter, the Defendants’ defense of extinctive prescription has no merit.

【Grounds without dispute, Gap-6】

4. The Plaintiff’s claim of this case seeking overdue interest rate (21% per annum) from June 26, 2014 to the date of full payment with respect to the principal and interest of interest of a loan unpaid under paragraph (2) and the interest rate on delayed payment (21% per annum) shall be accepted for reasons.

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