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(영문) 서울중앙지방법원 2015.12.22 2015가단150771
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and 5% per annum from May 15, 2013 to August 10, 2015.

Reasons

1. The following facts do not conflict between the Parties:

On May 14, 2013, F Co., Ltd. lent 200,000,000 to Defendant B with interest rate of 5% per annum and six months after the due date. Defendant C Co., Ltd, D Co., Ltd, and E Co., Ltd. guaranteed the obligation to return the above loan principal and interest on the same day.

B. F Co., Ltd. was declared bankrupt by the Suwon District Court on December 9, 2014, and the Plaintiff was appointed as a trustee in bankruptcy.

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 200,000,000 won and 5% per annum as prescribed in the Civil Act from May 15, 2013 to August 10, 2015, the day following the due date of the above payment to which the duplicate of the complaint in this case was served on the Defendants, and 20% per annum as prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings before Amendment until September 30, 2015, and 15% per annum as prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. If so, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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