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(영문) 서울중앙지방법원 2016.02.19 2015가단173811
대여금 등
Text

1. The defendant is jointly and severally liable to distribute online electronic products to the plaintiff

(a) the limit of KRW 1,170,000,000; or

Reasons

1. Facts of recognition;

A. Online Electronic Distribution Co., Ltd. received two loans from the Plaintiff on March 28, 2008, and the terms and conditions of such loans and the remaining amount of credit as of October 8, 2015 are as listed below:

1. Loan 10,00,000 won (per KRW 90,00,00,000,000,000,000 won (per KRW 519,400,431,000,000,000,000,000 of the interest accrued prior to incorporation of the loan 2,000,000 under loan 2,000,000,000 won (per KRW 31,781,781,73,873, 2,339,371, 323,208,208,947, KRW 22,759,560,00 in total, aggregate of KRW 874,391,251,62,098,931

B. On the same day, the Defendant jointly and severally guaranteed the Defendant’s loan obligation to the Plaintiff of online E-Commerce, within the limit of KRW 1.17 million for the first loan, and KRW 143 million for the second loan within the limit of KRW 143 million for the second loan.

C. Online Electronic Distribution Co., Ltd. agreed to pay to the Plaintiff interest calculated by applying the fluctuation rate added to the base rate and delay damages in accordance with Article 3 of the General Terms and Conditions on Banking Credit Transactions (hereinafter “The Basic Terms and Conditions on Banking Credit Transactions”). From January 26, 2015, the delay interest rate for each of the instant loans applied to the period from January 26, 2015 to

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, 2-1 to 5, 3, 4, 5-1, 2, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is jointly and severally liable to pay to the plaintiff 1,170,00,000,000 won with the online electronic distribution company and damages for delay calculated at the rate of 15% per annum from October 9, 2015 to the date of full payment with respect to the total amount of KRW 874,391,251, and the principal amount of KRW 519,40,431, which is calculated at the rate of 15% per annum from October 9, 2015 to the date of full payment, and damages for delay calculated at the rate of KRW 62,098,931, and the total amount of principal and interest of KRW 37,00,00 among the principal and interest of KRW 15% per annum from October 9, 2015 to the date of full payment.

3. Therefore, the claim of this case is accepted on the grounds of the conclusion.

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