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(영문) 서울중앙지방법원 2016.11.02 2015가단5395999
대여금
Text

1. The Plaintiff:

A. A Co., Ltd. shall complete the payment of KRW 180,723,281 and KRW 100,000 among them from November 3, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff extended the following loans to Defendant A Co., Ltd. (hereinafter the Defendant Co., Ltd.), and E and Defendant D guaranteed the Defendant Co., Ltd’s obligation to the Plaintiff up to KRW 120 million.

The overdue interest rate determined by the Plaintiff in relation to the following loans is 15% per annum.

Credit amount of credit in the credit section 120,000,000 won limited to 120,000,000 won on July 9, 2011, 201.

B. As of November 2, 2015, the Defendant Company is obligated to pay the principal of KRW 100,723,281, the sum of KRW 180,723,281 as of November 2, 2015, and KRW 180,723,281.

C. E died on March 28, 201, and Defendant B, a child, became the heir.

Defendant B was accepted by filing a report of inheritance limited recognition with the Sungwon District Court Branch 201 shotdan558.

[Based on the recognition] Defendant Company, Defendant B: The absence of dispute, Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. According to the above findings of the determination, the Plaintiff is obligated to pay the Plaintiff with respect to KRW 180,723,281 as well as KRW 100,00,000 among them, and damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate from November 3, 2015 to the date of full payment. Defendant B and D, a joint and several surety, jointly and severally with the Defendant company, shall be paid KRW 120,00,000, which is the guarantee limit amount out of the above amount, and Defendant B is obligated to pay the above amount within the scope of inherited property from the network E.

3. Conclusion, the Plaintiff’s claim against the Defendants is justified.

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