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(영문) 서울중앙지방법원 2017.08.17 2015가단5315474
연대보증금 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 16,612,810 as well as KRW 4,871,254 as annual interest rate of KRW 25% from July 28, 2015 to the date of full payment.

Reasons

1. The plaintiff's ground for claim

A. The Plaintiff agreed to: (i) on June 11, 2004, KRW 5 million as of May 11, 2005; (ii) on March 10, 2005, the due date for payment of KRW 5 million as of February 20, 2006; and (iii) on April 20, 2005, the due date for payment of KRW 10 million was set as of July 20, 2005; and (iv) on April 20, 2005, the Plaintiff agreed to lend KRW 5 million as of December 22, 2005, and receive interest of KRW 3% as of April 22, 2005, respectively; and (iv) the Defendant jointly and severally guaranteed the obligation to return the loan to the Plaintiff.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the sum total of KRW 25 million and the agreed interest or delay damages, the sum of the principal and interest to be paid by the Defendant shall be KRW 35,842,500,000,000,000 as follows: (a) up to June 30, 2007, when the provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act (Presidential Decree No. 20118) were enforced; (b) up to June 30, 2007, the amount calculated at the rate of KRW 25% per annum, which is the limit under the Interest Limitation Act, until the enforcement date. (c) Since the principal obligor C repaid the interest of KRW 2.77,00,00,000 in total as from July 12, 2004 to

5. Interest on June 11, 200-6. 201 to 24. 5 billion won + Interest on 2. 5 billion won + [2. 5 billion won + Interest on 2. 5 million won + 2. 5 million won per annum on 2. 5 months from April 10, 2005 to May 11, 2005 (No. 2. 4. 5 million won + Interest on 2. 5 million won + 2. 6 million won per annum on 2. 5 months from May 20 to May 20, 2005 (No. 2. 6. 5 million won) + Interest on 2. 5 months from May 20, 2005 (No. 2. 600,000 won 】 2.5 million won per annum on 2. 5 months from June 26, 2007)

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