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(영문) 서울중앙지방법원 2018.11.29 2018가단5203916
대여금
Text

1. The defendant shall be jointly and severally with C Co., Ltd., within the scope of KRW 600,000,000, and KRW 378,846,38 and KRW 203,052,383 among them.

Reasons

1. Facts of recognition;

A. As indicated in the following table, the Plaintiff loaned money to C Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “instant loan”), and the Defendant, who is the representative director of the Nonparty Company, jointly and severally guaranteed the above loan obligations.

The amount of credit extended (limit) extended on the date of lending shall be at least 17 percent per annum of less than 30 million won per annum of less than 45 million won for the guarantee limit of the guarantor, 19 percent per annum of less than 17 percent per annum of less than 45 million won for the general loan of 19 May 19, 2009 (retail) and at least 19 percent per annum of defendant 54 million won per annum of January 27, 2011, and KRW 5 million per annum of 5 million per annum of general loan of 27, 2011.

B. The remaining amount of principal and interest of the instant loan as of March 11, 2018 is KRW 378,846,388, including the principal and interest of KRW 203,052,383, and interest of KRW 93,015,392, and interest of KRW 82,78,613 after incorporation.

C. The rate of overdue interest currently applied by the Plaintiff is 15% per annum.

[Grounds for recognition] The items of evidence Nos. 1, 2, 3, and 4 of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. According to the above facts, the defendant is jointly and severally liable with the non-party company to pay damages for delay calculated by the rate of 15% per annum, which is the overdue interest rate of 15% per annum from March 12, 2018 to the date of full payment under the Bank Credit Transactions Basic Terms and Conditions, with respect to the remaining principal and interest of the loan of this case, and the principal amount of KRW 378,846,38, and the principal amount of KRW 203,052,383.

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

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