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Reasons
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(영문) 서울중앙지방법원 2018.08.17 2017가단5161732
대여금
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1. The Defendant shall pay to the Plaintiff KRW 64.8 million and the amount of KRW 60 million among them from January 26, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On March 25, 2016, the Plaintiff lent KRW 60 million to C Co., Ltd. (hereinafter “Nonindicted Company”) with the following content (hereinafter “instant loan”). D, the representative of the Nonparty Company, jointly and severally guaranteed the obligation to pay the instant loan, and the loan certificate stating the following (hereinafter “the instant loan certificate”). The Defendant entered the loan certificate in its original form as “B” under the statement “D: Joint and Several Guarantee” on the loan certificate, and signed thereon.

1. Interest shall be fixed at 24% per annum;

2. The payment of interest shall be made on the monthly day and deposited into the National Bank E in the name of the plaintiff.

3. A decision to repay the principal to the bank account in the name of the plaintiff under the agreement concluded on January 25, 2017.

4. The loan shall, in principle, be deposited into the national bank of the head of the Tong who is a non-party corporation.

5. If interest is not paid once, the non-party company shall lose the benefit of time, and the plaintiff shall pay the principal and interest without objection even if the plaintiff claims the balance of the principal and interest.

6. The overdue interest rate in arrears shall be the statutory maximum interest rate.

B. The non-party company paid a total of KRW 7,200,000 on six occasions each interest rate of KRW 1.2 million on the instant loan, and did not pay the principal and the remainder interest as indicated below.

(2) A reimbursement of KRW 1,200,00 with interest of KRW 60,00,00 (from March 26, 2016 to April 25, 2016) 1,20,00 (from April 26, 2016 to May 26, 2016 to 20.6.6, 20,000 with interest of KRW 60,00 (from June 26, 2016 to May 25, 2016) (i) 1,20,60,000 with interest of KRW 20,000 (from June 26, 2016 to June 25, 2016 to June 26, 2016); and (ii) 1,20,000,000 with interest of KRW 20,000 (from June 26, 2016 to June 26, 2016).

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