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(영문) 서울중앙지방법원 2015.12.04 2015가단79353
대여금
Text

1. The Plaintiff:

A. The defendant limited liability company and Gap joint and several costs of 98,314,494 and their related costs from February 1, 1999.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) On June 24, 1997, the Defendant Cheong Un Co., Ltd. borrowed KRW 138,00,000 from the Korea Mutual Savings Bank of Korea Co., Ltd. at an annual interest rate of KRW 16.5%, annual interest rate of KRW 25%, and due date of payment on April 24, 200. In this case, Defendant Cheong Un Co., Ltd. guaranteed the above loans owed by Defendant Cheong Un Co., Ltd. at this time. (2) As of February 1, 1999, Defendant Cheong Un Co., Ltd. did not pay the principal amount of KRW 98,314,494 as well as damages for delay.

3) On May 2005, the national mutual savings bank of the Republic of Korea received an order of payment from the court of Jeonju District Court 2005Guj2261 against the defendant Cheongpo, A, C, and the networkF, and around that time, it received an order of payment from the above court that "the above people jointly and severally pay to the national mutual savings bank of the Republic of Korea 98,314,494 won and the amount equivalent to 25% per annum from February 1, 1999 to February 13, 2005, and the amount equivalent to 19% per annum from the next day to the day of complete payment." The above order of payment became final and conclusive immediately after the trade name was mutually changed to the Hanpo District Court of Korea, and the plaintiff was appointed as the bankruptcy trustee.

5) On February 28, 2008, the deceased on February 28, 2008, Defendant B, C, D, A, and E, who were their children, died. The said Defendants reported the inheritance-limited approval under Jeonju District Court Branch Decision 2010Ra177. [The facts that there was no dispute over the grounds for recognition, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings.]

B. According to the above facts of recognition 1, Defendant Limited Liability Company, and A jointly and severally are liable to pay to the Plaintiff KRW 98,314,494 as loans, and damages for delay calculated at the rate of 25% per annum from February 1, 1999 to February 13, 2005, and 19% per annum from the next day to the day of full payment. 2) also according to the above facts of recognition.

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