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(영문) 서울중앙지방법원 2019.06.07 2019가단5002981
대여금
Text

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

(a) As regards KRW 16,149,578 and its KRW 9,060,00 among them, from September 7, 2018 to 200.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a loan agreement (hereinafter “instant loan”) with Defendant B Co., Ltd. (hereinafter “Defendant B”), with the following terms and conditions, and Defendant C jointly and severally guaranteed the obligation of Defendant B to the Plaintiff as follows:

The credit amount of the credit extended on the date of maturity of the agreement, the guarantee limit for the guarantor’s guarantee limit on May 28, 2010, Defendant C 13,608,000 won for general financing loans of enterprises on May 28, 2010, Defendant C 13,608,000 won on November 24, 2012, 43,70,000 won for retail financing general financing loans of KRW 52,40,000 on February 24, 2014.

B. As of September 6, 2018, Defendant B lost the benefit of time due to the delay in the agreed interest, etc. on the instant loan. As of September 6, 2018, Defendant B remains a total of KRW 76,146,573 (the principal of the instant loan 1 is KRW 9,060,000, interest amount of KRW 7,089,578, interest amount of KRW 200,00, interest amount of KRW 35,100,00, interest amount of KRW 24,896,995).

C. As of September 7, 2018, among the instant loans as of September 7, 2018, the interest rate of an enterprise-general financing loan (the foregoing No. 1) is 14.6%, and the interest rate of the retail financing general financing loan (the above No. 2) is 15% per annum.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. According to the facts found above, Defendant B is obligated to pay the principal and interest of this case to the Plaintiff, and Defendant C is jointly and severally guaranteed the loan of this case within the limit of each guarantee, so the Defendants shall jointly and severally pay to the Plaintiff KRW 16,149,578 (=interest of KRW 7,089,578) and KRW 9,060,00,00 from September 7, 2018 to December 10, 2018, the original copy of the payment order of this case to Defendant B, from September 10, 2018 to December 10, 2018, the agreed interest rate of KRW 14.6% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. until the day of full payment, and the amount of damages calculated by Defendant C shall be paid within the limit of KRW 13,608,00,00, KRW 7,000, KRW 99,599, KRW 3905,96.05

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