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(영문) 대전지방법원 2015.05.19 2015가단200514
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 640,000,000 won and the period from October 16, 2014 to December 31, 2014.

Reasons

1. Facts of recognition;

A. On November 29, 2012, the Plaintiff extended a loan of KRW 700 million to Defendant Thai Co., Ltd. (hereinafter “Defendant Thai”) at the rate of KRW 11% per annum on December 16, 2014, and Defendant A guaranteed the above loan obligations up to KRW 840 million.

B. Defendant Thai did not repay the principal amount of KRW 640 million among the principal and interest of the above principal and interest, and did not pay interest from October 16, 2014.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally pay to the plaintiff 640,00,000 won which has not been repaid out of the loan principal of 70,000,000 won, and damages for delay calculated at the rate of 11% per annum under the agreement from October 16, 2014 to December 31, 2014, which is the last service date of the original copy of the payment order in this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and the defendant A is obligated to pay the above amount within the limit of 840,00,000 won which is the guarantee limit.

3. Therefore, the plaintiff's claim of this case against the defendants is accepted in its reasoning.

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